STATE OF HIMACHAL PRADESH Vs. GOVIND SINGH

JUDGEMENT

(1.) The present appeal is maintained by the appellant-State of Himachal Pradesh against the judgment of acquittal of the accused in a case under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 passed by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Busehar, dated 12.6.2009, in NDPS Act Case No.16 of 2007.

(2.) Briefly stating the facts giving rise to the present appeal are that accused/respondent (hereinafter referred to as 'accused') was coowner in possession of land comprised in Khata/Khatauni No.250/309, Khasra No.1824, measuring 5 bighas in Phati Jhalair, Tehsil Nirmand, District Kullu, H.P. Accused had planted apple plants in the area cultivated by him. It was alleged that accused had sown poppy crop in a portion of his Khasra No.1824. In the month of June, 2005, the poppy crop had been fit for extraction of opium. PW-15 SI/SHO Daya Sagar, Police Station, Nirmand, after receipt of secret information against the accused had registered report No.6, dated 1.6.2005, Ex.PW5/A. Further, PW-15 had formed a raiding party and had proceeded to raid and search field No.1824 of the accused. PW-13 Tikkar Singh and PW-14 Jhabe Ram, Police Officials had also accompanied PW-15 for raid and search. PW-3 Beli Ram and PW-4 Ram Lal had been associated in the raiding party as non-official witnesses. PW-15 alongwith non-official witnesses reached field No.1824 on 1.6.2005 at about 10:30 AM. The accused was not present in his house. In the presence of PW-3, PW-4 and the Police Officials accompanying him, SI/SHO Daya Sagar had uprooted the poppy plants. It was found that there were in all 120 poppy plants at the stage of flowering. Buds had developed in the Poppy plants. Incision had been applied to Poppy buds for extraction of opium. PW-15 had also taken photographs of the field as well poppy plants. Ten Poppy plants had been taken as sample in two packets. Sample poppy plants and rest of the poppy plants had been separately sealed in three packets with seal 'A' and had been taken into possession vide recovery memo Ex.PW3/A. Specimen impression of seal 'A' was Ex.PW3/B. PW-15 had also prepared report Ex.PW13/A and thereafter FIR was registered. After investigation the challan was presented in the Court.

(3.) The prosecution in order to prove its case has examined as many as 15 witnesses. Statement of the accused was recorded under Section 313 Cr.P.C, wherein he has denied the prosecution case and claimed innocence. No defence evidence was led by the accused.