STATE OF HIMACHAL PRADESH Vs. AJAY KUMAR

JUDGEMENT

(1.) The appeal is maintained by the appellant-State against the judgment of acquittal passed by learned Special Judge, Fast Track Court, Chamba, H.P., in Sessions Trial No. 22 of 2010, dated 30.10.2010, whereby the Court below has acquitted the respondent-accused (hereinafter referred as 'the accused'), for the offences under Sections 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as 'NDPS') and Section 419 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

(2.) Briefly stating, as per the prosecution case, on 19.03.2010, HC Virender Singh alongwith HHC Kewal Krishan, Constable Mohammad Aslam, Constable Ram Parkash and Constable Rajesh Kumar was present at Ballupul near Hero Honda Agency in connection with patrolling. At about 4:30 p.m., the accused having Pithu of black colour on his back was seen coming towards Ballupul. On noticing the police party, the accused got perplexed and turned back and started running. On suspicion, he was overpowered by HC Virender Singh with the assistance of other police officials. Meanwhile, Pawan Kumar, son of Karam Chand, also arrived on the spot. In the presence of this witness as also other police officials, HC Virender Singh made inquiry and the accused disclosed his name as Vijay Kumar, son of Chaman Singh, resident of village Mugla, Tehsil and District Chamba. HC Virender Singh was suspicious that the accused was having narcotics, so the accused was apprised of his legal right to be searched before the Magistrate or Gazetted Officer. The accused gave his consent for search by the police present on the spot, as per memo Ex. PW-1/B. Thereafter, HC Virender Singh and other police officials and witness Pawan Kumar gave their search to the accused vide memo Ex. PW-1/A and then the search of the bag of the accused was carried out and the bag was found containing 100 strips containing 10 capsules each, total 800 capsules of Spasmocip plus, kept in a polythene envelope alongwith one carton box.

(3.) Hc Virender Singh put the said capsules in the carton box and then bag was put in the polythene envelope, which was put in the bag and then the bag was parceled in piece of cloth and sealed with four seals of seal 'A' and taken into possession vide memo Ex. PW-1/C. Specimen of seal 'A', Ex. PW-1/F, was taken separately and the seal 'A' after use was handed over to witness Pawan Kumar. NCB forms were filled in and rukka, Ex. PW-10/A, was prepared and sent to Police Station Sadar, Chamba, through Constable Ram Parkash, on the basis of which FIR, Ex. PW-8/A, was registered at Police Station Sadar, Chamba. Photographs of the spot, Ex. P6 to P8 were taken with the official camera. Site plan, Ex. PW-10/B, was prepared and statements of witnesses were recorded. The accused was arrested and was communicated about the grounds of arrest vide memo, Ex. PW-1/D, and his personal search was carried out vide memo Ex. PW-1/E. The accused desired to give information of his arrest to his brother Sanjay Kumar. Sanjay Kumar disclosed the name of the accused as Ajay Kumar. Ration card, Ex. PW-10/E, was obtained and it was revealed that the name of the accused was Ajay Kumar and he had wrongly disclosed his name as Vijay Kumar, so Section 419 of IPC was added in the FIR. The accused was brought to Police Station Chamba. The case property was produced before ASI/SHO Mukesh Kumar for the purpose of resealing, who resealed the parcel with seal 'S' and specimen of seal is taken, which is Ex. PW-9/B, and facsimile was taken on NCB form and reseal memo, Ex. PW-9/C, to this effect was prepared and the case property was thereafter deposited with MHC, who made an entry in the malkhana register, the abstract whereof is Ex. PW-7/A. The case property was sent to FSL vide RC, Ex. PW-7/B and report of FSL, Ex. PX, was obtained. Special report of this case, Ex. PW-5/A, was prepared and sent to S.P. Chamba.