STATE OF HIMACHAL PRADESH Vs. SATISH KUMAR

JUDGEMENT

(1.) The State has come in appeal against Judgment dated 2.3.2010 rendered by the learned Special Judge, Chamba Division, Chamba, Himachal Pradesh in Sessions Case No. 16 of 1995, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for commission of offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that on 12.3.1995, SI SHO Kishan Chand (PW-7) was present near Surgani on patrolling duty alongwith ASI Babu Ram, HC Mukesh Kumar, Constable Ashok Kumar (PW-3) and other police officials, where Budhi Singh met them and they proceeded on foot towards Manjeer. At some distance, accused was found sitting on a parapet on the side of the road alongwith his companion Chanan Singh. Accused and his companion Chanan Singh were carrying a bag each in their laps and on inquiry, the accused became perplexed, on which suspicion arose and search of the bag in possession of accused was carried out. Charas weighing 1.6 kg was recovered from the polythene bag. One sample weighing 20 grams was separated from the charas so recovered which was put in a parcel whereas the bulk of the charas was put in separate parcel alongwith the bag and clothes, and both the parcels were sealed with seal impression 'KS" and were taken into possession vide memo Ext. PA. Rukka Ext. PD was prepared and sent to Police Station, Kihar through Constable Ashok Kumar, on the basis of which FIR, Ext. PE was registered in Police Station, Kihar. Case property alongwith sample seal was deposited with Mr. Subhash Kumar (PW-4), the then MHC Police Station, Kihar, who on 28.3.1995 forwarded the sample parcel alongwith the specimen seal to Chemical Examiner at Kandaghat through Constable Sham Lal (PW-5) vide RC No. 26/95 and as per report of Chemical Examiner, Ext. PF, the sample, was found to be charas. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as 7 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. Learned trial Court acquitted the accused. Hence, this appeal.