STATE OF HIMACHAL PRADESH Vs. BUDH RAM

JUDGEMENT

(1.) The State has come in appeal against Judgment dated 30.4.2011 rendered by learned Presiding Officer (Special Judge) Fast Track Court, Mandi, District Mandi, HP in Sessions Trial No. 28 of 2010, whereby respondent -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sections 18 and 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been acquitted by the learned trial Court.

(2.) Prosecution case, in a nutshell, is that on 7.1.2010, ASI Ram Lal, the then IO Police Station, Sadar, Mandi, alongwith ASI Mohan Lal, HHC Dharam Pal, LHC Narpat Ram, Constable Kashmir Singh and Constable Suresh Kumar was present at Khoti Nala on patrolling and Nakabandi. At about 12.30 PM, accused came from Aut side. He was carrying a bag on his shoulder. On seeing the police party, he tried to run. He was apprehended. The place was secluded. No independent witnesses were available. Vehicles passing through the road were stopped and occupants were requested to become witnesses. However, they expressed their unwillingness. ASI Ram Lal, in the presence of ASI Mohan Lal and HHC Dharam Pal searched the bag carried by the accused. It was found to be containing another plastic bag like Boru of light blue colour containing black coloured material in it, in the shape of sticks. It was found to be cannabis. Besides this, two plastic packets were also found in the Boru containing brown coloured liquid material. It was found to be opium. Cannabis weighed 5 kg. Opium weighed 1.500 kg. Recovered cannabis was put in the same plastic Boru. Packets containing opium were also put in that same plastic Boru. Plastic Boru was put in bag and bag was parceled and sealed with 16 seals of 'S'. NCB form in triplicate was filled in on the spot. Sample seal was separately taken. Facsimile of seal was also taken on NCB form. Seal after use was handed over to ASI Mohan Lal. Recovered cannabis and opium were taken into possession by the police vide memo Ext. PW -1/B. Rukka was sent to the police station through LHC Narpat Ram, on the basis of which FIR No. 16/2010 was recorded against the accused. Case property alongwith sample seals was handed over to Inspector Hari Pal Saini. He resealed the same with seal impression 'S' and thereafter deposited the case property alongwith sample seal, NCB form and other related documents with Incharge Malkhana Anil Kumar. Special report was prepared and sent to Additional SP Mandi. Case property was sent for chemical examination. Report of the FSL is Ext. PW -8/B. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as eleven witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. Accused was acquitted as noticed above. Hence, this appeal by the State.