STATE OF HIMACHAL PRADESH Vs. BIRBAL SINGH

JUDGEMENT

(1.) By way of the present appeal, the appellant/State has challenged the judgment passed by the Court of learned Special Judge, Fast Track, Kullu, in Sessions Trial No. 43 of 2009, vide which, learned trial Court has acquitted the accused for offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) In brief, the case of the prosecution was that on 04.01.2009 ASI Man Singh alongwith other police officials was present at Fagu Pull at about 1.15 P.M. in his official vehicle No. HP.34A-0213 in connection with routine patrolling duty. There the police party saw one person coming on a motor cycle from Banjar side having a bag hung on his right shoulder. ASI Man Singh signalled said person to stop the motor cycle but he tried to run away. The police party however was able to nab the said person. On being questioned, he disclosed his name as Birbal Singh, resident of Panipat, Haryana. As the ASI suspected that said Birbal was carrying some contraband/narcotic substance, accordingly, he felt the necessity to conduct the personal search of the accused and keeping in view the fact that the person had been apprehended at an isolated place, ASI joined HC Chaman Lal and HHC Tek Chand as witnesses and informed the accused about his right to be searched before Magistrate or Gazetted Officer. The accused consented to be searched by the ASI and accordingly consent memo was prepared and before conducting the search of the accused, ASI Man Singh gave his personal search to Birbal Singh and it was only thereafter that Birbal Singh was personally searched. During the personal search, one white coloured envelope wrapped with brown coloured tape from the bag was recovered from the bag, having the inscriptions "Power Ranger", which was hanging on the right shoulder of the accused. From a small pocket of the said bag, driving licence of Birbal Singh was also recovered. White coloured envelope was opened and from that envelope, stick shape and spherical shape Charas was found. The same was weighed with the help of traditional balance and it was found to be 1.5 Kgs. Two samples of 25 grams each were drawn from the Charas so recovered from the accused and, thereafter, both the samples were wrapped in separate pieces of cloth and the remaining Charas was again put in the same white envelope and it was also wrapped with a piece of cloth.

(3.) As a prima facie case was found against the accused, he was charged with the commission of offence under Sections 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, to which he pleaded not guilty and claimed to be tried.