STATE OF HIMACHAL PRADESH Vs. AMAN DHAMA

JUDGEMENT

(1.) Present petition is filed under Sec. 378(3) of Code of Criminal Procedure for grant of leave to appeal against judgment of acquittal dated 8.5.2015 passed by learned Special Judge -II (Additional Sessions Judge) Kullu District Kullu in Sessions trial No. 38 of 2014 titled State of H.P. v/s. Aman Dhama under Sec. 20 of Narcotic Drugs and Psychotropic Substances Act 1985.

(2.) It is alleged by prosecution that on 13.4.2012 at about 12.25 PM when police party headed by the then Sub Inspector Megh Singh PW8 Incharge P.P. Manikaran along with HHC Ved Ram, C. Nitin Thakur PW6 were on patrolling duty at Kasol bridge and were present near Chhalal village path then accused came carrying one rucksack bag on his left shoulder and behind the accused another person with empty hands was also coming. It is alleged by prosecution that when accused saw the police party accused got perplexed and was nabbed by police party and on asking accused disclosed his name Aman Dhama son of Shri Brij Pal Dhama resident of Noida U.P. and another person who was friend of accused disclosed his name as Nishant. It is further alleged by prosecution that rucksack bag which the accused was carrying was searched and 222 grams of charas was found. It is alleged by prosecution that codal formalities of sealing and seizure of charas were conducted at the spot and ruka Ext. PW5/A was prepared and spot map Ext. PW8/A was also prepared. It is alleged by prosecution that photographs Ext. PW8/B -1 to Ext. PW8/B -3 obtained and statements of witnesses recorded under Sec. 161 Cr.P.C. It is alleged by prosecution that NCB form prepared and thereafter case property was deposited in malkhana and entry recorded in malkhana register. It is alleged by prosecution that sample was sent to FSL Junga and thereafter after completion of investigation and after receipt of FSL report Ext. PW8/C case file was handed over to SHO who prepared challan and presented it in Court against accused for trial under Sec. 20 of NDPS Act.

(3.) Charge was framed against accused under Sec. 20 of Narcotic Drugs and Psychotropic Substances Act. Accused person did not plead guilty and claimed trial.