STATE OF HIMACHAL PRADESH Vs. ATMA RAM

JUDGEMENT

(1.) State has come in appeal against Judgment dated 31.12.2007 rendered by the learned Special Judge, Fast Track, Kullu, HP in Sessions Trial No. 13/07, whereby respondent - accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that, on 12.5.2006, at 3.00 PM, ASI Shiv Singh alongwith HHC Amar Singh, Constable Jinesh Kumar, Constable Dina Nath, Chhape Ram Patwari, Dhian Singh Forest Guard and NCB officials was present at Salech in connection with destruction of illicit cultivation of poppy plants. It was found that poppy plants had been grown in two fields located at Village Salech. Chappe Ram Patwari told that the fields denoted by Khasra No. 1947 measuring 1 -13 -0 Bigha belonged to the accused. Copies of Jamabandi and Tatima of said fields were handed over to ASI Shiv Singh by Chhape Ram Patwari. Constable Dina Nath was directed by ASI Shiv Singh to locate independent witnesses from nearby place. Dina Nath returned after a lapse of half an hour and stated that nobody was found in the Village. Thereafter ASI Shiv Singh associated Chhape Ram Patwari and Dhian Singh Forest Guard as witnesses in the case. Twenty poppy plants were cut from the fields and were taken into possession. Two samples of poppy plants five number each were separated from the cut plants and were sealed in separate parcels. Remaining poppy plants were sealed in separate parcel. Three impressions of seal T' were affixed on each parcel. NCB form in triplicate was prepared on the spot. Seal, after use, was handed over to witness Dhian Singh. Samples of seal impression were obtained separately. A seizure memo was also prepared on the spot which was signed by the witnesses. Rukka was prepared on the spot by ASI Shiv Singh and sent to Police Station, Kullu, through Constable Dina Nath for registration of FIR. ASI Shiv Singh handed over the case property to SHO Sarwan Kumar. SHO Sarwan Kumar resealed the case property and handed over the same to MHC Rup Singh at Police Station, Kullu. A special report was prepared by ASI Shiv Singh which was handed over to Dy.SP Kullu. On 14.5.2006, sample of poppy plant, samples of seal impressions 'H' and 'T' and other connected documents were sent to CTL Kandaghat through Constable Pratap Singh by MHC Rup Singh. Case property was deposited with CTL Kandaghat. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as eleven witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He denied the case of the prosecution. Trial Court acquitted the accused. Hence, this appeal by the State.