STATE OF H.P. Vs. DEVI SINGH

JUDGEMENT

(1.) - State has come in appeal against the judgment dated 21.5.2011 rendered by the Special Judge, FTC, Chamba in Sessions Trial No. 28/2010 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 (hereinafter referred to as the 'Act' for brevity sake), has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that on 29.10.2010, HC Kartar Singh along with HC Varinder, Constable Mohmad Aslam and other police officials proceeded in a vehicle bearing registration No. HP-44-0748 from SI Unit, Chamba towards Kotti at 11.00 A.M. The police party reached at 1.45 P.M. at a distance of one KM from Pukhari towards Koti where a Nakka was laid. At about 2.05 P.M., Naryal Bus Service bearing registration No.HP-48-2910 appeared from Koti side. It was stopped. HC Varinder Singh entered the bus from the front door whereas HC Kartar Singh along with other police officials entered the bus from the rear door. When HC Kartar Singh reached near seat No.34, accused was found occupying seat No.34. He was carrying a black coloured bag on his lap. Accused tried to shift the bag. Driver and conductor of the bus were summoned to seat No.34. In the presence of driver and conductor, accused was apprised that he was suspected of carrying narcotics and was required to be searched. He was also apprised of his legal right to be searched before a Magistrate or Gazetted Officer, however, accused consented to be searched by the police on the spot vide consent memo Ex.PW-1/A. Thereafter, accused was brought down from the bus along with bag. Police officials, driver and conductor of the bus gave their search to the accused. Black coloured bag was opened which was containing yellow coloured polythene packet. It contained black coloured hard substance. It was found to be Charas. It weighed 4 kgs. The Charas was put in the same polythene packet, which was parceled in a piece of cloth and sealed with five seals of 'A'. NCB form was completed. Rukka Ex.PW-12/A was prepared. It was sent to Police Station through constable Mohd. Aslam. FIR Ex.PW-4/A was registered. Case property was handed over to SI/SHO Joginder Singh for resealing. SI/SHO Joginder Singh resealed the case property in the presence of HHC Madan Singh with three seal impressions 'O'. The case property was handed over to MHC Pawan Kumar at about 7.00 P.M. He entered the same in Malkhana Register at Sr. No.600. The contraband was sent to FSL, Junga through Constable Kunwar Singh vide RC No. 199/10. Report of FSL, Junga is Ex.PX. The police investigated the case and the challan was put up in the Court after completing all the codal formalities.

(3.) Prosecution examined as many as 12 witnesses in all to prove its case against the accused. Statement of accused under Sec. 313 Crimial P.C. was recorded. He denied the case of prosecution. He was acquitted by the trial court vide judgment dated 21.5.2011. Hence, the present appeal.