STATE OF HIMACHAL PRADESH Vs. ROOP SINGH

JUDGEMENT

(1.) The State has come in appeal against Judgment dated 21.1.2012 rendered by the learned Sessions Judge (II) Mandi, HP in Sessions Trial No. 21 of 2011, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been acquit by the learned trial Court.

(2.) Prosecution case, in a nutshell, is that ASI Ram Lal (PW-11), LHC Narpat (PW-1), Dhameshwar (PW-10) and Constable Jatinder Kumar were present near Garagushaini to Khauli road on 8.12.2010 in the official vehicle bearing registration No. HP-07-A-0282. Accused came from Khauli at about 8 AM on foot. He was carrying a backpack (Ext. P2). He tried to flee. He was overpowered. Place was lonely and deserted. No person crossed the road. Hence, LHC Narpat and Constable Jatinder Kumar were associated as witnesses. Backpack was searched. It contained stick like substance (Ext. P4). It was found to be Charas. It weighed 15 kg. Charas was put back in the same polythene and polythene was put in the backpack. Backpack was sealed with 24 impressions of seal 'R '. Seal impression was taken on separate pieces of cloths. NCB-1 form in triplicate was filled on the spot. Seal impression was taken on form NCB-1 and seal was handed over to Narpat after use. Contraband was seized vide seizure memo Ext. PW-1/C. Rukka Ext. PW-11/A was prepared and was handed over to Constable Dhameshwar with the direction to carry it to Police Station, Aut. Constable Dhameshwar handed over Rukka to MHC Khem Chand (PW-4), who recorded FIR Ext. PW-4/A. ASI Ram Lal prepared site plan Ext. PW-11/B. Case property was produced before HC Khem Chand, who resealed the parcel with six impressions of seal 'A '. He deposited the case property with the Malkhana and made entry in the register of Malkhana at Sr. No. 545, copy of which is Ext. PW-4/E. Case property was sent to FSL Junga on 9.12.2010 vide RC No. 95/2010 (Ext. PW-4/F) through Uday Chand. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as twelve witnesses to prove its case against the accused. Accused was also examined under Sec. 313 CrPC. Five witnesses were also examined by the accused in his defence. He pleaded innocence. Accused was acquit as noticed above. Hence, this appeal by the State.