STATE OF HIMACHAL PRADESH Vs. ACHHAR SINGH

JUDGEMENT

(1.) State has appealed against the judgment dated 20.10.2008, passed by learned Special Judge, Una, Himachal Pradesh, in Sessions Case No. 4 of 2006, titled as State of Himachal Pradesh v/s. Achhar Singh, challenging the acquittal of respondent Achhar Singh (hereinafter referred to as the accused), for having committed an offence punishable under the provisions of Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) It is the case of prosecution that on 14.7.2005 at 10.30 a.m., Constable Sarjiwan (PW -2) received secret information that the accused was dealing in the sale and purchase of the contraband substance and if immediate raid was conducted in his tyre repair shop, huge quantity would be recovered. The information was immediately passed on to SI Harbans Lal (PW -12), who alongwith police officials HC Nardev Singh, HHC Sher Bahadur (PW -11), Constable Mahinder Kumar (PW -7), Constables Ranjit Singh, Khushwinder, Jaswinder Singh and HC Jagtar Singh, proceeded to the spot. Prior thereto, he recorded statement (Ex. PW -2/A) of Sarjiwan and associated independent witnesses Madan Lal (PW -3) and Madan Lal (PW -10) (both by same name), for conducting the raid. Information furnished by Sarjiwan was sent to the Superior Officer, which was received in the office of Superintendent of Police, Una by SI Mohinder Sen (PW -4). After apprising the accused of his statutory rights and obtaining his consent (Ex. PW -11/A), first the accused was searched and thereafter his premises, from where opium, kept hidden in a wooden box, was recovered. On weighment, it was found to be 2 kgs. Two samples, each weighing 20 grams, were drawn. The samples and the bulk contraband substance were made into separate parcels and sealed separately with seal of impression 'A'. Sample of the seal was taken on a piece of cloth (Ex. PW -5/B) and seal, after use, was handed over to Madan Lal (PW -3). NCB form (Ex. PW -5/A) was filled up, in triplicate. On the basis of statement (Ex. PW -2/A), FIR No. 467/05, dated 14.7.2005 (Ex. PW -5/C), for commission of offence, punishable under the provisions of Sec. 18 of the Act, was registered at Police Station, Una, Himachal Pradesh, by SHO Ajay Rana (PW -5). Accused was arrested. Case property was produced before SHO Ajay Rana, who resealed the same with his own seal of impression 'B' and deposited in the Malkhana. MHC Rajesh Kumar (PW -8) handed over the sealed sample to Constable Mohinder Kumar (PW -6), who deposited the same in the Forensic Science Laboratory for chemical analysis. On receipt of the report of the Chemical Examiner (Ex. PW -5/D) and with the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) Accused was charged for having committed an offence punishable under the provisions of Sec. 18 of the Act, to which he did not plead guilty and claimed trial.