STATE OF HIMACHAL PRADESH Vs. SHADI LAL

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 6.5.2015 rendered by learned Special Judge, Solan, District Solan, Himachal Pradesh in Session Trial No. 2 -S/7 of 2011, whereby respondent -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as 'Act' for convenience sake) has been acquitted. Whether the reporters of the local papers may be allowed to see the judgment?

(2.) Case of the prosecution, in a nutshell, is that on 23.1.2011, Inspector Chaman Lal (PW -8), the then SHO Police Station Sadar, Solan alongwith HC Sohan Lal (PW -1), HC Kuldeep Kumar (PW -2) and Constable Ajay Kumar proceeded from Police Station, Sadar Solan to Salogra side on patrolling duty. At about 7.15 pm, when police party reached a little ahead of Salogra then from Mansar side accused came on the spot. He was carrying a polythene bag in his right hand. He tried to escape. He was nabbed. Bag was checked. It contained charas. It weighed 290 grams. It was sealed with three seal impressions of 'D. NCB form was filled in triplicate by Inspector Chaman Lal and seal after use was handed over to HC Sohan Lal. Contraband was taken into possession vide seizure memo Ext PW -1/C. Rukka Ext PW -7/A was prepared and forwarded to Police Station Sadar through HC Kuldeep Kumar. FIR Ext PW - 7/B was registered. Site plan was prepared. Case property was deposited with MHC Narender Parkash (PW -3) by Inspector Chaman Lal. He made entries in the Malkhana Register. Abstract of Malkhana Register is Ext PW -3/A. Contraband alongwith sample seal, NCB form etc. was sent to FSL vide RC Ext PW -3/B. Chemical examination report is Ext PW -8/C. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as 8 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. Learned trial Court acquitted the accused. Hence, this appeal.