STATE OF HIMACHAL PRADESH Vs. ASHWANI KUMAR

JUDGEMENT

(1.) This appeal is instituted at the instance of the State against the judgment dated 31.3.2009, rendered by the learned Special Judge (FTC), Chamba, H.P., in Sessions trial No. 44/2008, whereby the respondent-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act), has been acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 18.5.2008 at about 8:00 PM, HC Deepak Kumar, Const. Tilak Raj, Const. Ajay Kumar, SPO Tek Chand and SPO Jamal Deen were present at Zero Point, Jasourgarh in connection with traffic checking and Nakabandi. The accused was seen coming from Nakrod side. After seeing the police party, he tried to flee away. He was nabbed. He was carrying a polythene bag in his hand. The polythene bag was searched. It contained another polythene bag containing charas. Out of the recovered charas, two samples of 25 grams each were drawn which were separately parceled and sealed with seal impression "D". The balance charas was put in those very polythene bags. It was parceled and sealed with seal "D". Sample seal was separately taken and seal after use was handed over to Constable Ajay Kumar. NCB form was filled in on the spot. The accused was arrested. Rukka was prepared and sent to the Police Station for registration of the case. FIR No. 62/08 was registered against the accused. All the three parcels i.e. two sample parcels and one big parcel were produced before ASI Mulakh Raj, the then SHO of PS Tissa for resealing, who resealed the parcels with seal "H" and thereafter deposited the same along with NCB form, sample seal and other related documents with the MHC. The samples were sent for chemical examination. The investigation was completed and the challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as ten witnesses. The accused was also examined under Section 313 Cr.P.C. He denied the case of the prosecution. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.