STATE OF HIMACHAL PRADESH Vs. BISHAN DUTT

JUDGEMENT

(1.) This appeal is instituted at the instance of the State against the judgment dated 30.6.2011, rendered by the learned Special Judge (FTC), Chamba, H.P., in Sessions trial No. 13/2011, 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, 1985 (hereinafter referred to as the ND & PS Act), has been acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 28.2.2011, at about 5:00 AM, HC Bhagwan Chand along with ASI Jeet Singh, Const. Anuj and Const. Subhash proceeded from Police post Banikhet to lay Nakka at place called Golli, pursuant to daily dairy rapat No. 14 vide Ext. PW-10/A. They reached at a distance of 200 meters ahead from Golli at 5:30 AM on Sundla Chohra road and a Nakka was laid. In the meantime, ASI Jeet Singh received telephonic call at 7:30 AM at the spot and departed to the Police Post from the spot. HC Bhagwan Chand along with two police officials remained at the spot. At about 9:30 AM, accused was seen coming from Sundla side carrying a brown coloured bag on his right hand but he tried to run away on seeing the police. He was nabbed. The identity of the accused was also ascertained. The accused was apprised that search of the bag was required and that he may opt for search before a Magistrate or Gazetted Officer. The accused consented to be searched by the police present at the spot, qua which consent memo Ext. PW-1/A was prepared. No independent witness was available, therefore, search of the bag of the accused was carried out in the presence of Const. Anuj Kumar and Const. Subhash Chand. A white coloured plastic packet was recovered from the bag of the accused which was containing black coloured hard substance in the shape of candles and balls. It was found to be charas. It weighed 1 kg. 200 grams. The charas so recovered was put in the same plastic packet which was put in the same bag and wrapped and parceled in a piece of cloth and sealed with three seals of seal "P". Sample seal Ext. PW-1/C was separately drawn on a piece of cloth. NCB form in triplicate was filled in on the spot. Thereafter, rukka Ext. PW-8/A was scribed and sent to the Police Station for registration of case through Const. Anuj at 11:30 AM, on the basis of which FIR Ext. PW-6/A was registered. The case property was produced for re- sealing before SHO Biswas Kumar. He resealed the same in the presence of witness Hem Raj by affixing two seals of seal 'N" and drew two specimen seals of seal "N" for sample on Ext. PW-1/C. He prepared reseal memo Ext. PW-4/A and deposited the parcel along with sample seal and NCB forms with MHC Arun Kumar. The entry of the case property was made at Sr. No. 79 in the malkhana register. The case property was sent to FSL, Junga for chemical analysis. The report of the Chemical Analyst is Ext. PX. The investigation was completed and the challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as nine witnesses. The accused was also examined under Section 313 Cr.P.C. According to him, he was falsely implicated. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.