STATE OF HIMACHAL PRADESH Vs. MOHAMMAD SHARIF

JUDGEMENT

(1.) By way of this appeal, State has challenged judgment passed by the Court of learned Special Judge, (Fast Track Court), Mandi, in Sessions Trial No. 60/2009 dated 01.05.2012, vide which, learned trial Court has acquitted the accused for commission of offence punishable under Section 20 of Narcotic Drugs & Psychotropic Substances Act, hereinafter referred to as the NDPS Act.

(2.) In brief, the case of the prosecution was that on 16.09.2009 PW-10 ASI Ram Lal alongwith PW-1 HHC Dharam Pal, PW-2 Constable Kashmir Singh and Constable Suresh Kumar, were on patrol duty towards Paddal ground. At around 02.30 P.M., accused came from college building side towards the road side and as soon as he saw the police, he became perplex, on which as police officials got suspicious that the accused might be carrying some stolen articles, the accused was apprehended. He was carrying one red and white colour check bag. Further, as per the prosecution, as no independent witness was available at the spot, Investigating Officer accordingly associated HHC Dharam Pal and Constable Suresh Kumar as witnesses. Accused revealed his name as Mohammad Sharif son of Shri Mohammad Ali, resident of Kafal Galu. Police officials gave their personal search to the accused and thereafter, the bag being carried by the accused was searched and from the said bag one polythene envelope was recovered, inside which black coloured substance in the form of sticks (Charas) was found which when weighed was found to be 500 grams. The Charas was put back in the same polythene envelope which envelope was placed in the same bag which was wrapped in a cloth parcel and sealed with seal 'R' at ten places. Seal impression 'R' was obtained on a piece of cloth Ext. PW1/B. NCB form in triplicate Ext. PW10/A was filled by the Investigating Officer on the spot and seal after its use was handed over to HHC HHC Dharam Pal. Case property was taken into possession vide seizure memo Ext. PW1/A and Rukka Ext. PW10/B was prepared by the Investigating Officer which was sent through Constable Kashmir Singh to Police Station Sadar. The spot map was thereafter prepared.

(3.) After completion of the investigation, challan was filed in the Court and as a prima facie case was found against the accused, he was charged for commission of offence punishable under Section 20 of Narcotic Drugs & Psychotropic Substances Act, to which, he pleaded not guilty and claimed trial.