STATE OF HIMACHAL PRADESH Vs. PYARE LAL

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment passed by the Court of learned Special Judge, Fast Track Court, Shimla, in Sessions Trial No. 9-S/7 of 2011, dated 19.01.2012, vide which, learned Trial Court acquitted the present respondent (hereinafter referred to as 'accused') for commission of offence punishable under Section 20(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances, Act (in short 'NDPS Act').

(2.) The case of the prosecution in brief was that on 11.10.2009, at around 7:25 a.m., Dy. S.P. Maan Singh alongwith ASI Het Ram and other police officials was present at place Balag in connection with patrolling, traffic checking and crime detection duty in official vehicle bearing registration No. HP-03-2170. Further as per the prosecution, Dy. S.P. Maan Singh received secret information to the effect that one man wearing blue coloured coat was traveling in Basadhar-Solan bus and this person was carrying a blue coloured bag in his hand which contained narcotic substance. On receipt of said information, Dy. S.P. sent information under Section 42(2) of the NDPS Act to Superintendent of Police, Shimla through Const. Bhupinder Singh and other members of the patrolling party proceeded towards Naina Kainchi side. At around 7:45 a.m. a private bus came from Basadhar side and the same was signaled to be stopped by the police party. Thereafter, the police party boarded the bus from both the doors and Dy. S.P. spotted one person, resembling the description as per the information given to him by the informant, who was sitting on seat No. 32 and he was also having one blue coloured bag in his right hand. When this person saw the police party, he got perplexed, stood on his seat and tried to run away, however, the police party nabbed him with the help of Sita Ram and Om Prakash, other passengers of the bus sitting on seat No. 35 and 36 respectively. The accused disclosed his name as Pyare Lal and when he failed to give satisfactory answers to the queries put to him by Dy.S.P, he was apprised of his right to be searched before a Gazetted Officer or a Magistrate and after the accused consented to be searched by the SDPO, the consent memo and search memo qua personal search given by the police officials to the accused, was prepared which was duly signed by the witnesses and the accused in the presence of driver and conductor of the bus. Further as per the prosecution, during the course of search of the bag, police party found one plastic envelop having inscription 'Baba Cloth House' inside the blue coloured bag and when said envelop was opened, it was found containing black coloured substance which was in the form of sticks and wicks. After physical examination of that black coloured substance, it was found to be charas. During the personal search of the accused, the police party recovered a ticket from inner pocket of his coat. In the meantime, one local inhabitant Inder Sharma was sent to bring scale and weights, with the help of which, charas was weighed and same was found to be 1 Kg.

(3.) Learned trial Court on the basis of material produced on record by the prosecution held that the prosecution had failed to prove its case against the accused for commission of offence punishable under Section 20(b) (ii) (B) of the NDPS Act beyond reasonable doubt and on these basis, learned trial Court acquitted the accused. Learned trial Court took note of the fact that there were too many contradictions regarding the fact whether accused was wearing blue coloured coat or blue coloured jacket. First information under Section 42 of the NDPS Act clearly mentioned about blue coloured coat, but the police witnesses had stated that the accused was wearing blue coloured jacket.