STATE OF HIMACHAL PRADESH Vs. JARNAIL SINGH

JUDGEMENT

(1.) ASSAILING the judgment dated 13.3.2008, passed by learned Sessions Judge, Solan, H.P., in Sessions Trial No. 14 -S/7 of 2006, titled as State of Himachal Pradesh v. Jarnail Singh, whereby respondent -accused stands acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 13.12.2005, ASI Tapender Singh (PW -12) was on patrol duty at village Manpura alongwith HC Sohan Lal (PW -2), HC Om Parkash (PW -3) and Constable Ashok Kumar (PW -14). At about 4.30 p.m. he received a secret information that Jarnail Singh (accused) had stored and was selling poppy husk (bhukki) at his tea shop. Reasons of belief were reduced into writing (Ext. PW -8/A) and sent to the S.D.P.O. Nalagarh through Constable Ashok Kumar. After associating independent witnesses Suchha Singh (PW -1) and Maan Singh (PW -7) and apprising the accused of his statutory rights of being searched and obtaining his consent vide memo (Ext. PW -2/A), the tea shop was searched. From a bag kept inside the shop, bhukki, which upon weighment was found to be 2 k.g. and 500 grams, was recovered. Two samples of 100 grams each were drawn and sealed with seal impression -S. Remaining bulk parcel was also sealed with the very same seal and seized vide memo (Ext. PW -2/D). Ruka (Ext. PW - 3/A) sent through HC Om Parkash (PW -3) led to registration of F.I.R. No. 206 of 2005, dated 13.12.2005 (Ext. PW -10/C), at Police Station Barotiwala, Distt. Solan, against the accused under the provisions of Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). With the file being taken back to the spot, accused was arrested and proceedings completed. Case property was produced before SHO Bisham Thakur (PW -10) who after resealing the same with seal impression -H, handed it over to MHC Inder Lal (PW -5), who after making entries in the maalkhana register kept it in safe custody. Constable Hakam Ram (PW -4) carried the sample parcel to the C.T.L. Kandaghat and report of the expert (Ext. PX) taken on record by the police. Special report (Ext. PW -10/D) sent to the superior officer was received by ASI Yoginder Singh (PW -13) posted as Reader to the Superintendent of Police, Solan. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined fourteen witnesses and statement of the accused under Section 313 Cr.P.C. was also recorded, in which he took plea of innocence and false implication. No evidence in defence was led by the accused.