STATE OF HIMACHAL PRADESH Vs. ASHOK KUMAR @ MONU

JUDGEMENT

(1.) Present appeal has been filed by State of Himachal Pradesh against acquittal of respondent by learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. vide judgment dated 04.06.2011 passed in Sessions trial No. 7/3 of 2010 in case FIR No. 139/2009 Whether reporters of Local Papers may be allowed to see the judgment registered in Police Station Bharari, District Bilaspur, H.P. under Sec. 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'NDPS Act') and under Sec. 18-A of Drugs Cosmetic Act, 1940 (hereinafter referred as 'D C Act' ).

(2.) Prosecution case is that on 10.12.2009 police party headed by P.W.10 SI Prem Singh consisting of P.W.-5 HHC Dhani Ram, C. Shyam Lal and HHG Kamlesh during patrolling duty in official vehicle bearing No. HP-07-0371 being driven by Constable Vikram Ram reached Ladrour Bazar at 2.00 PM. At that time, respondent was present in the first floor of the building in front of his mobile repair shop and it was noticed that on seeing police party respondent suddenly turned back and on suspicion police party went to his shop and inquired him. After 10-15 minutes P.W.-5 HHC Dhani Ram was sent by Investigating Officer for calling independent witnesses who returned alongwith P.W.-1 Hemant Kumar and P.W.-6 Madan Lal. In presence of independent witnesses, personal search of respondent was conducted after informing him his right to have option to choose authority for his personal search under Sec. 50 of NDPS Act as he opted to give his search to police party in presence of independent witnesses. During his search, besides recovery of charas from his socks, 49 capsules were also recovered from left pocket of his jacket. Contraband recovered from socks was weighed on weighing machine brought by P.W.-6 Madan Lal and the said contraband was found to be 108 gms. Recovered charas and capsules were taken in possession and were seized in sealed parcel. Sample seal impression was taken on a piece of cloth and seal was handed over to P.W.-6 Madan Lal after taking impression of seal on NCB forms filled in triplicate. 'Rukka' Ex. P.W.-4/A was prepared and sent to Police Station through P.W.-4 HC Shyam Lal, on the basis of which FIR Ex. P.W.-11/A was lodged and file was handed over to P.W.-10 Investigating Officer SI Prem Singh through C. Shyam Lal. Respondent was arrested. Statements of witnesses were recorded. During investigation, opinion of Drug Inspector was also sought regarding 49 capsules of SPM and PRS who vide letter Ex. P.W.-7/B opined that recovered capsules Ex. P.W.-1/B were to be manufactured under valid drug licence as per schedule 'H' of D C Act 1940 and Rules 1945 made thereunder and stocking or exhibiting these capsules for sale without having licence is contravention of Sec. 18 (c) and is punishable under Sec. 27 (b) (ii) of D C Act. Further possession of such schedule 'H' drugs without having any purchase invoice and non-disclosure of source acquisition of the said drugs is contravention of Sec. 18-A and is punishable under Sec. 28 of D C Act. As per chemical analysis, Ex. P.W.-10/F recovered contraband was found to be 'charas' and 'capsules' were found to be 'Proposyphene Napsylate Capsules' which was a Drug included in Schedule 'H' of D C Act, 1940.

(3.) Challan was presented in the Court and respondent was charge-sheeted under Sec. 20 of NDPS Act and under Sec. 18 (A) of D C Act. Respondent pleaded not guilty and claimed his innocence. On conclusion of trial respondent was acquitted.