LAWS(HPH)-2016-4-262

STATE OF H P Vs. VED RAM

Decided On April 05, 2016
STATE OF H P Appellant
V/S
VED RAM Respondents

JUDGEMENT

(1.) Present appeal is filed against the judgment of acquittal dated 24.10.2008 passed by learned Special Judge Kullu in sessions trial No. 18 of 2007 title State of HP Vs. Ved Ram.

(2.) Brief facts of the case as alleged by prosecution are that on 21.11.2006 at 6.30 PM police officials were present at place Som Ban on bridge in District Kullu HP. It is alleged by prosecution that accused came from Batahar side and when he saw police officials he tried to run away but he was caught. It is further alleged by prosecution that accused was carrying bag upon his back portion of body and accused revealed his name as Ved Ram son of Tikam Ram. It is further alleged by prosecution that on suspicion bag of accused was searched and 1 Kg charas was found. It is further alleged by prosecution that two samples of charas 25 grams each were separated and sealed with seal impression 'T' and remaining bulk charas was placed in the same bag. It is further alleged by prosecution that thereafter NCB forms in triplicate filled and site plan prepared and statement of witnesses recorded. It is further alleged by prosecution that on the basis of rukka FIR was registered. It is further alleged by prosecution that case property was re-sealed by station house officer and special report was handed over to lady constable Meena Kumari with direction to hand over the same to Dy. SP Kuldip Rana. It is further alleged by prosecution that entry in relevant register was recorded. It is further alleged by prosecution that inventory list was prepared. It is further alleged by prosecution that case property and parcels were deposited in malkhana. It is further alleged by prosecution that thereafter one sample parcel was sent to CFSL Chandigarh along with sample seals through constable Mahinder Kumar who obtained receipt and handed over the same to MHC. It is further alleged by prosecution that as per chemical analyst report sample was found to be charas. Learned trial Court framed charges against accused on 16.5.2008 under Sections 20 of Narcotic Drugs and Psychotropic Substances Act 1985. Accused did not plead guilty claimed trial.

(3.) Prosecution examined nine witnesses and also tendered documentary evidence. Learned trial court acquitted accused.