STATE OF HIMACHAL PRADESH Vs. SARDOOL SINGH

JUDGEMENT

(1.) State has come in appeal against Judgment dated 18.3.2011 rendered by the learned Special Judge, Fast Track Court, Kullu, Himachal Pradesh in Sessions Trial No. 40 of 2010, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake) who was charged with and tried for offence under Section 18(b) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake) has been acquitted by the learned trial Court.

(2.) Case of the prosecution, in a nutshell, is that on 17.1.2010 at about 4.30 PM, ASI Chint Ram alongwith other police officials was present at Zero Point Dhaugi road in connection with patrolling duty. They saw a person coming on foot from Sainj side on the road. On seeing the police, said person became perplexed and tried to move towards Dhaugi road. On the basis of suspicion the person was nabbed by the police party and his identity was ascertained. The place where accused was nabbed was an isolated place and no person was available to be joined as independent witness, so ASI Chint Ram associated HC Narian Chand and Sohan Lal as witnesses. Consent of accused was taken for his personal search by the police officer or by Magistrate or a Gazetted officer. Accused consented to be searched by the police present on the spot. Personal search of the accused was carried out. Police party found one polythene envelope inside the underwear of the accused. Contents of the polythene envelope were checked. IO found the same to be Opium. It weighed 1 kg. Recovered contraband was put in the polythene envelope and wrapped with white coloured cloth. 'Pullinda' was sealed with six seal impressions of 'H'. The IO filled up NCB form in triplicate. Seal after use and after taking specimen was entrusted to Constable Sohan Lal. 'Pullinda' was taken into possession. Rukka was prepared and sent to the Police Station through Constable Sohan Lal, on the basis of which FIR was registered. Investigation was completed. Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution examined as many as nine witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He denied the allegations. Learned trial Court acquitted the accused. Hence, this appeal by the State.