THE NARCOTICS CONTROL BUREAU Vs. TEK CHAND

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 31.12.2011, rendered by the learned Special Judge, Mandi, H.P, in Sessions Trial No. 26 of 2009, whereby the respondent-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act), has been acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 24.7.2005 a team of Narcotics Control Bureau of Chandigarh was on routine surveillance/checking. The team of NCB was headed by O.P. Sharma, Superintendent, NCB Chandigarh. At about 4:00 PM, Sh. P.K.Sharma, received a secret information that some persons of village Jamachh were engaged in drugs trafficking and were likely to make a deal at the road nearby village Jamachh in Bali Choki area of Distt. Mandi, during the night intervening 24th and 25th July, 2005. The team associated the local police and left Mandi at 7:30 PM and reached village Khaneti at 11:00 PM. They tried to associate independent witnesses but no person was available due to late hours. Resultantly, local police officials HC Ashok Kumar and HC Narender Kumar were associated in the raiding party. At about 1:00 AM on 25.7.2005, they noticed three persons coming from upper hill side carrying jute bags on their heads. The NCB team proceeded towards them on the path from village Jamachh. Sh. P.K.Sharma, Intelligence Officer enquired from them and those persons became furious and perplexed and tried to escape. Two persons were nabbed and third one fled away from the spot. The persons, who were apprehended, when inquired, disclosed their names as Dharam Dass and Abhishek Kumar, both residents of Village Jhamachh. Both of them disclosed that the third person with them was Tek Chand resident of Village Jhamachh, PS Aut, Sub Tehsil Bali Chowki, Distt. Mandi, H.P.

(3.) The I.O. Ganesh Balooni received secret information regarding the presence of accused Tek Chand who was declared absconder in crime case No. 6 of 2005 at Gohar. The information was reduced into writing and was produced before Sh. H.S.Gill, who directed Ganesh Balooni to constitute a team and to take necessary steps as per law. Consequently, Ganesh Balooni alongwith Gurdass Ram, Gurdev Singh driver and Ramesh Kumar sepoy proceeded from Chandigarh to Gohar. They also associated two witnesses from Gohar Police Station. The two persons were also requested to identify accused Tek Chand. On 15.2.2009, at about 8:00 PM Sh. Ganesh Balooni noticed a person at Taxi Stand Gohar. The team introduced them and inquired about his address. He disclosed his name as Tek Chand and admitted that he knew Dharam Dass. Thereafter notice under Section 67 of the Act was served upon him and his statement was recorded in the police station by Sh. Ganesh Balooni in the presence of the independent witnesses. Primafacie accused was found involved in the case under Section 20 of the ND & PS Act.