STATE OF H.P. Vs. MANOJ KUMAR

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 17.2.2010 rendered by the Special Judge, Chamba in sessions trial No. 9 of 2009 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 13.12.2008, PW-11 ASI Yudhbir Singh along with PW-1 HC Roop Singh and others left Police Post, Banikhet on patrolling duty after getting entered Rapat in the Daily Diary. The police officials were present at Zero Point, Goli along with PW-10 Parkash Chand and one Prem Chand. Accused came from Chauhra side. He tried to run away. He was nabbed. He was wearing a black jacket and sweater and something was bulging out from inside the sweater. ASI Yudhbir Singh became suspicious and asked the accused to take out article. Accused took out the article, which was found to be a small bag of yellow colour. On checking of the same, it was found to be containing polythene envelope. Polythene envelope was found to be containing charas. It was weighed. It was found to be 750 grams. Two samples of 25 grams each were separated from the charas. These were put into separate parcels. The same were sealed with seal impression 'K' at three places. The bulk charas was sealed in the same polythene packet and small bag with seal impression 'K' at three places. Rukka Ex.PW-11/B was prepared. It was sent to Police Station, Dalhousie through Constable Sanjay Kumar. FIR Ex.PW-8/A was registered. Case property was produced by ASI Yudhbir Singh before SI Bhuvneshwar Singh. He resealed the sample parcels and the parcel containing bulk charas with seal impression 'B'. SI Bhuvneshwar also filled in the relevant columns of NCB form. The case property along with NCB form etc. was deposited with HC Gurdhian Singh, the-then MHC, Police Station, Dalhousie. The sample parcel was sent to FSL, Junga through HHC Kamal Kumar vide RC No. 127/08. The report of Chemical Examiner is Ex.PW-7/A. 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 eleven witnesses in all to prove its case against the accused. Statement of accused under Sec. 313 Crimial P.C. was recorded. The defence of the accused is of simpliciter denial. Trial court acquitted the accused. Hence, the present appeal.