STATE OF HIMACHAL PRADESH Vs. SUNDER SINGH

JUDGEMENT

(1.) The present appeal has been filed by the State against judgment dated 15.10.2008 passed by the Court of learned Special Judge, Kullu in Sessions Trial No. 7 of 2008, vide which the learned Trial Court has acquitted the accused for the commission of offence under Section 20 of the Narcotic Drugs & Psychotropic Substance Act, 1985 (in short the 'Act').

(2.) In brief, the case of the prosecution was that ASI Jagat Singh along with HC Purshotam Lal, HC Hira Singh, Constable Sohan Singh and Constable Bhader Singh were on patrolling and 'Naka' duty at Sumo Ropa, District Kullu. On 14.11.2007, at around 2:30 a.m., a vehicle was coming from Manikaran towards Bhuntar. When driver of the said vehicle saw police party, he stopped the same at some distance of the 'Naka' and tried to run away. On suspicion, he was overpowered by the police party. On enquiry, he disclosed his name as Sunder Singh. Constable Bhader Singh was sent in search of local witnesses. A bag was recovered from the front seat of said vehicle. As no local person was found, accordingly, HC Purshotam Lal and Constable Bhader Singh were associated and on search 4Kg 500 grams charas was recovered from the said bag. Besides this, a money belt, one passport, identity card, digital camera, ATM card and a scale was also found in the said bag. Samples were taken from the recovered charas and these samples as well as bulk charas were sealed. Rukka was sent to Police Station through HC Hira Singh for registration of the case. Thereafter, investigation was carried in the matter and on receipt of Chemical Examiner, challan was put up in the Court. Charge was framed against the accused under Section 20 of the NDPS Act and accused pleaded not guilty and claimed trial.

(3.) In order to substantiate its case, prosecution, in all, examined eight witnesses. Whereas, accused has also examined one witness in defence.