STATE OF HIMACHAL PRADESH Vs. KRISHAN KUMAR

JUDGEMENT

(1.) By way of this appeal, State has challenged judgment passed by the Court of learned Special Judge, Mandi, in Sessions Trial No. 26/2010 dated 11.09.2014, vide which, the accused has been acquitted for commission of offence punishable under Section 20 of Narcotic Drugs & Psychotropic Substances Act.

(2.) The case of the prosecution was that on 12.10.2009 HHC Yog Raj alongwith S.I. Harbans Lal, Constable Rajesh Kumar, Constable Som Dev and HHC Lal Singh was present at Saroa Mod near Pandoh Dam on patrol duty. At around 05.30 P.M., on the said date, accused came there on foot and when he saw the police party, turned back and started running but was apprehended on suspicion by the police party, in the presence of PW-10 Vinod Kumar. The accused was apprised of his legal right of being searched in the presence of a Magistrate or a Gazetted Officer, however, he gave his consent to be searched by the police party. Members of the police party as well as Vinod Kumar gave their search to the accused vide memo Ext. PW1/B and thereafter, personal search of the accused was conducted and from him one polythene packet was recovered from the right pocket of his trouser which on opening was found to be containing Charas in the shape of sticks. Said contraband on being weighed was found to be 130 grams. Charas so recovered was packed in a parcel alongwith polythene which was sealed with five seals of impression 'C'. NCB form Ext. PW7/A was filled in triplicate by the Investigating Officer. Rukka Ext. PW5/A was prepared and forwarded to Police Station through HHC Yog Raj (PW-7) on the basis of which FIR Ext. PW5/B was recorded at Police Station SV & ACB, Mandi, by Inspector Mohinder Kumar. Spot map was also prepared by the Investigating Officer and accused was arrested vide memo Ext. PW1/F. The case property alongwith sample seals as well as NCB form were produced before PW-5 Mohinder Kumar, who resealed the same with five seals of impression 'S'. He also filled the relevant columns of NCB form. Thereafter, the case property was deposited with PW-4 Kuldeep Singh, MHC of the Police Station. The case property was sent to FSL, Junga, through constable Jeet Ram vide R.C. Ext. PW4/B. As per report of Chemical Examiner Ext. PW5/F, parcel on analysis was found to be extract of cannabis and sample of Charas.

(3.) After completion of the investigation, challan was filed in the Court and as a prima facie case was found against the accused, he was charged for commission of offence punishable under Section 20 of Narcotic Drugs & Psychotropic Substances Act, to which, he pleaded not guilty and claimed trial.