STATE OF HIMACHAL PRADESH Vs. SOHAN SINGH

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 11.2.2009 rendered by learned Special Judge, Mandi, HP, in Sessions Trial No. 34 of 2008, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 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 10.3.2008 at about 9.45 pm, HC Kishan Chand alongwith Constable Padam Singh, LHC Balbir Singh, HHC Padam Singh, HHC Prem Pal and Constable Hitender Kumar was on patrolling and detection of excise and narcotics near Bhiuli bridge. Police party noticed accused with a Pithu on his back coming on the road. Accused tried to turn back. He was apprehended. Accused told them that the Pithu contained charas. Constable Hitender Kumar was sent to call for independent witnesses from the houses Khad side. HC Kishan Chand after offering his search and of other police officials, carried out the search of the bag of the accused in presence of LHC Padam Singh and LHC Balbir Singh. Bag contained four poly packs bearing 'East Park' label. Packs contained Charas in the shape of sticks and balls. Charas of poly packs was mixed and it weighed 4.00 kgs. From the mixture, two samples of 25 gms each were taken and sealed with seal impression 'D'. Bulk of Charas was also sealed in a parcel sealed with seal 'D' and specimen of seal impression 'D; was drawn and NCB forms in triplicate were updated and seal was handed over to HHC Padam Singh. Charas and samples were taken into possession vide Ext. PW-1/E. Rukka, Ext. PW- 12/B was prepared and sent to the Police Station. FIR Ext. PW- 10/ was registered. Case property was handed over to SHO Hari Ram and he resealed the same with seal 'H' and deposited with MHC Police Station Sadar vide Ext. PW-12/A. Report of FSL Junga is Ext. PW-11/A. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as 12 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. He examined two witnesses in his defence. Learned trial Court acquitted the accused. Hence, this appeal.