STATE OF HIMACHAL PRADESH Vs. JAGDISH THAKUR

JUDGEMENT

(1.) State has appealed against the judgment dated 23.8.2008, passed by learned Special Judge -I, Sirmaur District at Nahan, Himachal Pradesh, in Sessions Trial No. 17 -ST/7 of 2008, titled as State of Himachal Pradesh v/s. Jagdish Thakur, challenging the acquittal of respondent Jagdish Thakur (hereinafter referred to as the accused).

(2.) It is the case of prosecution that on 1.12.2007, when a police party comprising of HC Kamlender Singh (PW -12), Constable Jai Parkash (PW -2), Constable Sushil Kumar (PW -6), Constable Mukesh Kumar (PW -3) and headed by SI Manish Chauhan (PW -13) was present at Kainchi Mod, Haripur Dhar, a secret information was received to the effect that the accused was in possession of contraband substance. Proceedings, under the provisions of Sec. 42 of the Act, were recorded and information sent by SI Manish Chauhan, through Constable Sushil Kumar, which was received in the Office of Dy.S.P. (HQ), Nahan, by HC Jagjeet Singh (PW -5). SI Manish Chauhan constituted a raiding party, consisting of independent witness Virender Kumar (PW -1) and police official Constable Jai Parkash. Accused was found carrying a bag on his shoulder. After obtaining his consent vide Memo (Ex. PW -1/B), police searched the bag, from which Charas in the shape of Battis and Golas was recovered. Upon weighment, the same was found to be 5 kgs 100 grams. Two samples, each weighing 50 grams, were drawn. The samples as also the bulk parcel were sealed separately with seal of impression 'X'. NCB form (Ex. PW -8/A), in triplicate, was filled up on the spot and contraband substance taken into possession vide Memo (Ex. PW -1/F). Ruka (Ex,.PW -3/A) led to the registration of FIR No. 83/07, dated 1.12.2007 (Ex. PW -3/B), for commission of offence, punishable under the provisions of Sec. 20 of the Act, at Police Station, Renukaji. With the file having been taken back to the spot, after completion of the proceedings and arrest of the accused, police party returned to the Police Station and handed over custody of the accused and the case property to ASI Bihari Lal (PW -8), who resealed the case property with seal of impression 'T' and entrusted the same to MHC Surender Singh (PW -4). Sample was taken to the Forensic Science Laboratory by Constable Thaneshwar (PW -9). On receipt of the report of the Laboratory (Ex. PW -14/A) and 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.) Accused was charged for having committed an offence punishable under the provisions of Sec. 20 of the Act, to which he did not plead guilty and claimed trial.