STATE OF HIMACHAL PRADESH Vs. SUNITA DEVI

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 18.6.2015 rendered by learned Special Judge -II, Kangra at Dharamshala in Session (RBT) Case No. 17 -I/VII/13/2007, whereby respondent -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sec. 20 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as 'Act' for convenience sake) has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that on 20.4.2007, ASI Harpal Singh PW -15 of Police Station Indora alongwith HC Budhi Singh, HHC Rashpal Singh, Constable Jeewan Singh, Lady Constable Sneh Lata and Anjana, and Driver Narender Sood was present on patrolling duty at Indora Mod Damtal and Constable Kartar Singh of CIA Staff alongwith Constable Upender Singh met police party. Constable Kartar Singh got recorded statement under Sec. 154 CrPC to the effect that he alongwith Upender Singh was present at Damtal and at about 3.30pm, he received a secret information to the effect that accused Sunita Devi, wife of Som Raj resident of village Sirat is dealing in sale and purchase of Charas and has kept Charas in her house. Accordingly, the Investigating Officer reduced the information into writing and sent a Rukka Ext PW -1/C through HHC Rashpal Singh to Police Station, Indora for Registration of case. FIR Ext PW -10/A was registered. Special information under Sec. 42 (1)(2) of the Act was sent through Constable Jeewan to SDPO Nurpur. Two independent witnesses, Ved Parkash and Desh Bandhu were also associated in the raiding party. Accused was found present in the house. Accused was informed that she had a right to be searched before a gazetted officer or a Magistrate. Accused opted for her being searched by the raiding party. Police party gave search to the accused and searched the upper floor of the house of the accused. Some material was found in the bed room which had been kept in black coloured polythene bag. It was found to be charas. It weighed 400 grams. Two samples of 25 grams each were separated and samples and bulk charas were put in three separate parcels, which were sealed with seal impression 'H'. Specimen of seal was taken on a separate cloth. Seal after use was handed over to witness Ved Parkash and contraband was taken into possession vide Ext PW -1/E. Investigating Officer filled NCB forms in triplicate. Case property was handed over to MHC Rajinder Singh in the Police Station. Arrest memo Ext. PW -15/B was prepared. Investigating Officer also obtained copy of Jamabandi vide Ext. PW -1/B. Contraband was sent to Forensic Science Laboratory Junga. FSL report is Ext. PA. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as 20 witnesses to prove its case against the accused. Accused was also examined under Sec. 313 CrPC. She pleaded innocence. Learned trial Court acquitted the accused. Hence, this appeal.