STATE OF HIMACHAL PRADESH Vs. HARDEV SINGH

JUDGEMENT

(1.) Aggrieved by the acquittal of the respondent under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act"), the State has filed the instant appeal with a prayer to set aside the impugned judgment dtd. 25/11/2014, passed by the learned Special Judge-II, Kullu, District Kullu, H.P., in Sessions Trial No. 77 of 2014.

(2.) Briefly stating facts giving rise to the present appeal, as per the prosecution story are that on 23/2/2014, around 09:30 A.M., a police party was on patrolling and traffic checking duty towards Sheetala Mata temple and near bridge, one Mahindra Tempo bearing No. HP-66-1992 came from Shishamati Bihal which was signaled to stop. The aforesaid vehicle was being driven by accused Hardev Singh. The accused was asked to produce the documents of the aforesaid tempo, however, he could not produce the same and got perplexed. The Investigating Officer Yog Raj started checking the aforesaid vehicle and the accused told that nothing was in the vehicle and he was going to get the spare tyre (stepney) of the vehicle repaired. On this, Investigating Officer Yog Raj gave a hand blow on the spare tyre (stepney) of the tempo and checked the same and he suspected that some articles of theft might have been kept inside the tyre and felt it necessary to get the spare tyre (stepney) checked. Accordingly the accused was taken to H.R.T.C. workshop at Bashing. The Investigating Officer informed Pawan Kumar Sharma Regional Manager H.R.T.C. Kullu Depot about the checking of stepney and made written request in this behalf, upon which, Regional Manager constituted a team of mechanics Beni Madhav, Trilok Chand and Kanshi Ram and the aforesaid mechanics removed the stepney in the presence of accused and police officials. Inside the stepney, sticks and round shaped black coloured substance wrapped in polythene was found which on its checking was found to be charas/cannabis. The recovered charas was put in a cloth parcel and weighed with an electronic scale and its weight was found to be 1 Kg and 33 grams with cloth parcel. Two samples of 25 grams each were taken out from the recovered charas and sealed in separate cloth parcels. The big parcel was sealed with eight seals of seal 'X' while the two small parcels were sealed with four seals each of seal 'X' and the samples of seal were separately obtained on a piece of cloth and NCB-1 form and the seal after its use was handed over to Kanshi Ram. The case property, i.e., parcels containing charas and the vehicle alongwith its keys and stepney were taken into possession vide memo which was duly signed by witnesses as well as accused. The Investigating Officer Yog Raj prepared rukka and sent the same to Police Station through ASI Dhiraj for registration of case. Pursuant to which FIR was registered and on his return ASI Dhiraj handed over the case file to Investigating Officer at Bashing. The Investigating Officer prepared spot map and recorded statements of witnesses under Sec. 161 Cr.P.C. and also handed over special report to Addl. S.P. Nihal Chand who after making endorsement handed over the same to his Reader HHC Kashmi Ram, who also made entry in the relevant register at serial No. 17. Thereafter the Investigating Officer on his arrival at Police Station produced the case property before the then Station House Officer Sub-Inspector Sher Singh who resealed the parcels of charas with seal 'M' and after obtaining the sample of seal, handed over the parcels to MHC Rakesh Kumar for depositing the same in the Malkhana who made entry in the Malkhana register at serial No. 53. Thereafter Head Constable Rakesh MHC sent the sealed parcel alongwith NCB-1 form, copy of FIR, copy of seizure memo and other relevant documents through Constable Yash Pal by filling column No. 12 of NCB-1 form for deposit at FSL Junga vide R.C. No. 86/2014 and he deposited the same at FSL Junga and on his return handed over the receipt to Head Constable Rakesh. The sample parcel sent to FSL Junga was analyzed in the laboratory and the recovered contraband was found to be the sample of charas.

(3.) On the completion of the investigation and receipt of the SFSL report, the charge-sheet was prepared and presented before the learned Trial Court.