STATE OF HIMACHAL PRADESH Vs. RAM KRISHAN

JUDGEMENT

(1.) ASSAILING the judgment dated 26.05.2008, passed by Special Judge, Bilaspur, H.P., in NDPS Case No. 6 of 2005, titled as State of Himachal Pradesh Versus Ram Krishan, 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 28.09.2004 at about 5.30 PM, Amar Singh (P.W.10) alongwith police officials Ram Dass (not examined), Brij Lal (P.W.1), Bishan Dass (P.W.2) and Mohinder Singh (not examined) was on patrol duty at Namhol Chowk. There ASI Hari Ram (P.W.11) received a secret information that accused Ram Krishan, who is running a tea shop, at Namhol Chowk, is dealing in the business of charas. Secret information (Ex. P.W.10/A) was reduced into writing, which was carried by Amar Singh to the Office of Deputy Superintendent of Police, Bilaspur. Hari Ram constituted a raiding party by associating independent witnesses Ramesh Chand (P.W.3) and Jagdish Chand (P.W.4) and same day searched the premises of the accused. Prior thereto, accused consented (Ex. P.W.11/A) of being searched by the raiding party itself. From the bag kept by the accused, in the room adjoining to the shop, 500 grams of charas was recovered. Two samples of 25 grams each were drawn and sealed with seal having impression 'H'. NCB form (Ex. DX) was filled up. Rukka (Ex. P.W.8/A) so carried by Bishan Dass (P.W.2) resulted into registration of FIR No. 215 of 2004, dated 28.09.2004 (Ex. P.W.8/B) at Police Station, Barmana, District Bilaspur, H.P., under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act), against the accused. After completion of necessary formalities on the spot, accused as well as the case property were produced before SHO Shamsher Singh (P.W.8), who resealed the case property and entrusted it to MHC Karan Singh (P.W.9), who kept it in the Malkhana. Basant Ram (P.W.7) carried the sample to CTL Kandaghat for chemical analysis and report (Ex. P.W.8/E) taken on record by the police, which revealed the contraband substance to be charas. 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, in all, prosecution examined as many as eleven witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took defence of innocence. No evidence in defence was led.