STATE OF HIMACHAL PRADESH Vs. JAI RAM

JUDGEMENT

(1.) STATE has appealed against the judgment dated 31.5.2008 of the Presiding Officer (Special Judge), Fast Track Court, Mandi, Himachal Pradesh, passed in Sessions Trial No. 3/2007, titled as State of Himachal Pradesh v. Jai Ram, challenging the acquittal of respondent Jai Ram (hereinafter referred to as the accused) of the offence, punishable under the provisions of Section 20 -61 -85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) IT is the case of prosecution that on 17.2.2006, SI Shamsher Singh (PW -9), who was posted as SHO of Police Station, Aut, District Mandi, Himachal Pradesh, was on patrol and nakabandi duty towards Nagwain, alongwith HC Balak Ram (PW -10), Constable Ranjeet Singh (PW -5), Constable Sanjay Kumar (PW -4). At about 4.30 a.m., he received secret information that accused was dealing in the business of Charas. Accordingly, report (Ex. PW -9/A), prepared by him, was sent through Constable Ranjeet Singh, which was received in the Office of Additional Superintendent of Police, Mandi. Thereafter, on foot, police proceeded to village Silh and by associating two independent witnesses Shri Kuldeep Singh (PW -2) and Shri Durga Ram (PW -3) and after informing the accused of his statutory rights and obtaining his consent (Ex. PW -2/A), searched his house, from where 700 grams of Charas, concealed in a wooden box, was recovered. Two samples, each weighing 25 grams, were drawn. Samples as also bulk parcel were sealed with seal impression 'T'. Constable Sanjay Kumar took Rukka (Ex. PW -8/A), on the basis of which FIR No. 23/06, dated 17.2.2006 (Ex. PW -8/B), for commission of offence, punishable under the provisions of Section 20 -61 -85 of the Act, was registered at Police Station, Aut, District Mandi, Himachal Pradesh. NCB form (Ex. PW -9/C) was filled up on the spot; accused was arrested; and with the completion of necessary formalities on the spot, contraband substance was deposited with MHC Raj Kumar (PW -8), who, through HC Malkiat Singh (PW -1), sent the samples for chemical analysis to CTL, Chandigarh. Report (Ex. PW -9/K) was taken on record. 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 establish its case, prosecution examined as many as ten witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he took plea of innocence and false implication.