STATE OF HIMACHAL PRADESH Vs. RONU CHAUHAN

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 27.4.2015 rendered by learned Special Judge-II, Solan, District Solan, Himachal Pradesh in Sessions Trial No. 3-NL/7 of 2014, 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 23.9.2013, at about 12.30 pm, HC Amit Thakur (PW-10), along with HHC Kishore (PW-1), C. Onkar Singh (PW-2) and C. Teja Singh (PW-5) proceeded on patrolling, traffic checking and detection of excise cases towards Barotiwala. At about 5.10 pm, when police officials were coming from Jharmajri and they were present at Lakkar Depot, accused came on the spot from SSF Company. He tried to runaway. He was nabbed. He was carrying a bag in his right hand. One independent witness namely Chain Singh was associated. PW-10 Amit Thakur apprised the accused of his right to have personal search either in the presence of a Magistrate or a Gazetted Officer. The accused consented to be searched by the police vide memo Ext. PW-1/A. HC Amit Thakur carried out the search of the bag. Bag contained stick and ball shaped brown coloured substance. It was found to be Charas. It weighed 600 gms. The polythene bag containing Charas was put back in the carry bag and it was put in a cloth parcel by putting three seals of ‘V’. NCB form Ext. PW-10/A in triplicate was prepared by PW-10 and seal ‘V’ was embossed on it. Sample seal Ext. PW-1/B was taken separately. HC Amit Thakur prepared Rukka Ext. PW-10/B and sent it to the Police Station through C. Onkar Singh for registration of FIR. FIR Ext. PW-9/A was registered. Investigating Officer PW-10 Amit Thakur brought the case property along with accused to the Police Station. Case property was handed over to the ASI Manmohan Singh PW-12. He resealed the same with two seals of ‘Y’ and seal ‘Y’ was taken on NCB form. He filled up relevant columns and issued resealing certificate Ext. PW-12/B. He handed over sample seal Ext. PW- 12/C and case property to MHC Randhir Singh, who entered the same in Malkhana Register at Sr. No. 535. Abstract of Malkhana Register is Ext. PW-3/A. Special report was also prepared and case property was sent to the FSL Junga. Through HHC Dalel Singh PW-4 vide RC No. 54/13-14, Ext. PW-3/B. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as 13 witnesses to prove its case against the prosecution. Accused was also examined under Sec. 313 Criminal Procedure Code. He pleaded innocence. Learned trial Court acquitted the accused. Hence, this appeal.