STATE OF H.P Vs. JIWAN RANA

JUDGEMENT

(1.) State has filed the present petition, under the provisions of Sec. 378(3) of the Code of Criminal Procedure, seeking leave to appeal against the judgment dated 6.1.2015, passed by Special Judge, Solan, Himachal Pradesh, in Sessions Trial No.15-S/7 of 2012, titled as State of H.P. Vs. Jiwan Rana , whereby accused-respondent Jiwan Rana (hereinafter referred to as the accused), stands acquitted of the charge for having committed offence, punishable under the provisions of Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter after referred to as the Act).

(2.) In relation to FIR No. 213, dated 19.10.2012 (Ex. PW- 4/A), registered at Police Station, Sadar (Solan), District Solan, Himachal Pradesh, under the provisions of Sec. 20 of the Act, accused Jiwan Rana was charged to face trial, for having committed offences, punishable under the provisions of Sec. 20 of the Act.

(3.) Briefly stated, case of the prosecution is that on 19.10.2012, when HC Ram Pal (PW-9), along with HHC Ram Krishan (PW-1), HC Om Parkash (PW-5) and Constable Sanjay Kumar, were on patrol duty towards Kotlanala, Shamti. At 5 p.m., when they were present near KaliMata Temple, Shamti, accused was noticed coming from the side of Meridian factory, who on seeing the police party turned back and started running, but was apprehended. Accused consented to be search by the police party present on the spot vide Memo (Ex.PW-1/A). Thereafter, the police party gave search to the accused, vide Memo (Ex. PW- 1/B). On personal search of the accused, one transparent plastic bag was recovered from the right pocket of the lower, which he was wearing, which contained Charas in shape of wicks. One small scale, along with weights of 100 grams, 20 grams and two weights of 50 grams, was also recovered from the left pocket. Charas, so recovered, was weighed and found to be 200 grams, which was put in a polythene bag and sealed in a parcel of cloth (A-1) with seal impression 'H'. The scale and weights, so recovered from the accused, were also packed in a cloth (A-2) and sealed with the very same seal impression. Both the parcels were taken into possession vide Memo (Ex. PW-1/D). NCB form (Ex.PW-9/D) was filled in triplicate on the spot. Videography and photography of the proceedings on the sot were conducted and photographs (Ex. PW-5/A1 to 5/A6) were taken on record. HHC Ram Krishan (PW-1) carried the rukka (Ex.PW-9/A) to the Police Station, on the basis of which FIR (Ex.PW-4/A) was registered, under the provisions of Sec. 20 of the Act. Accused was arrested. With the completion of investigation on the spot, IO Ram Pal (PW-9) produced the case property, accused, NCB form before SHO Chaman Lal (PW-10, who resealed each of the parcels which his own seal impression 'E'. Case property along with the NCB form, seizure memo, etc., were deposited with HHC Narender Parkash (PW-11), who made entry in the Malkhana Register (Ex.PW-11/A). The parcel containing contraband substance was sent through Constable Om Parkash (PW-2) to the Forensic Science Laboratory, Junga, and report of the Chemical Analyst (Ex.PW-9/E) was obtained. Special Report (Ex.PW-6/A) was also prepared and sent to the Additional Superintendent of Police, Solan, through HHC Bhupinder Singh (PW-7), which was received by Vinod Kumar (PW-8). On completion of investigation, which, prima facie, revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.