STATE OF HIMACHAL PRADESH Vs. DESH RAJ

JUDGEMENT

(1.) The State has come in appeal against Judgment dated 22.1.2013 rendered by the learned Special Judge (I), Kangra at Dharamshala (HP) in Sessions Case No. 10-K/VII- 2009, whereby the respondents-accused (hereinafter referred to as 'accused' for convenience sake), who were charged with and tried for offence under Sections 20-61-85 of the Narcotic Drugs & Psychotropic Substances Act, 1985, have been acquitted.

(2.) Case of the prosecution, in a nutshell, is that on 3.7.2008, ASI Vijay Kumar alongwith other police officials was on patrolling duty at new bus stand, Kangra and on the intervening night of 3.7.2008 and 4.7.2008, at 1.15 AM, they noticed two persons carrying a bag by holding its straps from each side. On seeing the police, they attempted to escape but were overpowered. On inquiry, they disclosed their identity. Bag carried by them was searched. Inside the bag, beneath the clothes, one white coloured polythene envelope wrapped in another envelope, green in colour was found and on checking the said envelope, Charas in the shape of sticks was found. It weighed 1.500 kg. From the recovered Charas, two samples of 25 grams each were separated and put inside a cloth parcel and sealed with two seals each bearing impression 'K'. Remaining residual quantity weighing 1.450 kg was put in the same polythene envelope and then put in a cloth parcel and sealed with four seal impressions of 'K'. Sample impression Ext. PW- 14/A was taken on separate cloth piece. Columns No. 1 to 8 of NCB form were filled and ink impression of seal 'K' was also taken. Special report was prepared and sent to Superintendent of Police, Kangra. Case property was handed over to SI Piar Chand for resealing and safe custody. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as 14 witnesses to prove its case against the accused. Accused were also examined under Section 313 CrPC. They pleaded innocence. Learned trial Court acquitted the accused. Hence, this appeal.