STATE OF HIMACHAL PRADESH Vs. HUKAM SINGH

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 24.9.2015, rendered by the learned Special Judge (I), Kullu, H.P., in Sessions trial No. 133/2013, 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, 1985 (hereinafter referred to as the ND & PS Act), has been acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 24.5.2013, at 4:00 AM, a team of Special Investigation Unit, Kullu headed by ASI Gangbir Singh was present at Talogi Mod, which falls within the jurisdiction of PS Kullu. They saw accused coming on foot from Jia - Bhunter side carrying a bag in his hand. PW -5 ASI Gangbir Singh asked the accused to explain the reason of his presence at the spot, at such early hours of the day, but accused could not reply satisfactorily. On inquiry, accused disclosed his name and address. The place where the accused was apprehended was secluded and no independent witnesses were available. PW -5 ASI Gangbir Singh associated HHC Uttam Singh (PW -4) and Const. Nikka Ram (PW -6) as witnesses and in their presence, the carry bag, being carried by the accused, was searched. It contained two transparent polythene packets in which transparent plastic wrappings was found which was in the shape of sticks and on smelling and testing, the substance was found to be charas. I.O. PW -5 ASI Gangbir Singh prepared the identification memo Ext. PW -4/A and the recovered charas was weighed. It weighed 1.800 kgs. Thereafter, the recovered charas was again put in the same plastic wrappers and then in same polythene packets and thereafter in carry bag. The carry bag was then sealed in a cloth parcel with eight seals of impression "A" and then taken into possession vide recovery memo Ext. PW -4/C, which was signed by accused as well as witnesses. PW -5 ASI Gangbir Singh took sample of seals of "A" on pieces of cloth, one of which is Ext. PW -4/B. PW -5 ASI Gangbir Singh also filled in the NCB -I form in triplicate vide Ext. PW -3/D. Rukka was scribed and sent to Police Station through HHC Uttam Singh (PW -4), on which FIR Ext. PW -3/A was registered by SI Shiv Singh. PW -3 SI Shiv Singh handed over the case file to HHC Uttam Singh with the direction to take the same to the I.O. The site plan Ext. PW -5/B was prepared by the I.O. and statements of the witnesses were recorded. The accused was apprised about the grounds of arrest. The accused was arrested vide memo Ext. PW -5/C. SI/SHO Shiv Singh resealed the parcel with seal "R" by affixing six seal impressions thereon. He also filled in the relevant columns of NCB -I form and drew sample of seal "R" vide Ext. PW -3/C and thereafter deposited the case property with PW -7 MHC Ram Krishan. MHC Ram Krishan made entries in register No. 19 of the Malkhana at Sr. No. 49, the abstract of which is Ext. PW -7/A. Special report Ext. PW -2/A was prepared. The case property was sent to FSL Junga. The report of FSL Junga is Ext. PW -3/E. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as 7 witnesses. The accused was also examined under Section 313 Cr.P.C. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.