STATE OF HIMACHAL PRADESH Vs. TEK CHAND

JUDGEMENT

(1.) State has appealed against the judgment dated 21.8.2009, passed by learned Additional Sessions Judge, Fast Track Court, Chamba, Himachal Pradesh, in Sessions Trial No. 11/2009, titled as State of Himachal Pradesh v/s. Tek Chand, challenging the acquittal of respondent Tek Chand (hereinafter referred to as the accused), for having committed an offence, punishable under the provisions of Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) It is the case of prosecution that on 23.12.2008, police party comprising HC Dev Raj (PW -3), HC Anirudh, headed by Inspector R.P. Jawal (PW -11), was present at Majra Mor on a traffic checking duty. At about 9.30 p.m., they noticed accused, carrying a bag, coming from Kiyani side. On suspicion that he may be carrying some contraband substance, he was apprehended and informed of his right of being searched before a Magistrate or a Gazetted Officer. However, vide Memo (Ex. PW -4/A), accused consented to be searched by the Police Party present on the spot. From the bag, 4.400 kgs of Charas was recovered. Two samples, each weighing 25 grams, were drawn. The samples and the bulk contraband substance were made into separate parcels and sealed separately with three seals of seal impression 'S' and taken into possession vide Memo (Ex. PW -4/C). Ruka (Ex. PW -11/A) was sent, through HC Dev Raj, to Police Station, Sadar (Chamba), on the basis of which FIR No. 264, dated 24.12.2008 (Ex. PW -8/A) was registered by SI Diwan Chand (PW -8), for having committed an offence punishable under the provisions of Sec. 20 of the Act. NCB form (Ex. PW -4/E) was filled up in triplicate. Accused was arrested on the spot. Case property was entrusted to MHC Kailash Chand (PW -9), who sent a sealed sample, through Constable Prabhat Singh (PW -5), to the Forensic Science Laboratory for analysis and report (Ex. PX) taken on record. During investigation, statements of independent witnesses, Kewal Krishan (PW -1) and Bhagmal (PW -2), in whose presence, search and seizure operations were carried out, were also recorded. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) Accused was charged for having committed an offence, punishable under the provisions of Sec. 20 of the Act, to which he did not plead guilty and claimed trial.