STATE OF H.P. Vs. SHYAM LAL

JUDGEMENT

(1.) 300 grams of Charas and 250 grams of opium are alleged to have been recovered from the conscious possession of accused Shyam Lal on 13.7.2004. In order to substantiate its case, prosecution has examined 13 witnesses. Independent witnesses examined in the Court have not supported the prosecution case. Finding the testimonies of the police officials to be not inspiring in confidence, accused stands acquitted of the charge framed under the provisions of Ss. 18 & 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) State has appealed against the judgment dated 7.4.2009, passed by learned Special Judge, Bilaspur, Himachal Pradesh, in NDPS Case No. 7 of 2005, titled as State of Himachal Pradesh v/s. Shyam Lal, challenging the acquittal of respondent Shyam Lal (hereinafter referred to as the accused).

(3.) It is the case of the prosecution that on 13.7.2004, when ASI Gautam Chand (PW -13), alongwith HC Jasbir Singh (PW -10), Constable Sunil Kumar (PW -11), Constable Razak Mohammed (PW -12), Ram Singh and Om Prakash, was on patrol duty at Bus Stand Chowk, Diara, Bilaspur, he received a secret information that accused, who was travelling in a white coloured TATA Sumo No. PB -01 -4507, was in possession of a psychotropic substance. Accordingly, by associating independent witnesses Hans Raj (PW -4) and Satish Kumar, a raiding party was constituted. Simultaneously, report under the provisions of Sec. 42 of the Act (Ex. PW -6/A) was sent through Constable Sunil, which was received by Smt. Rani Bindu (PW -6) in the office of the Dy. S.P. At about 1.30 am, when the vehicle reached the spot, it was signaled to stop. Accused Shyam Lal was found sitting on the seat adjacent to driver Rakesh Kumar (PW -8). After informing the accused of his statutory rights and obtaining his consent (Ex. PW -13/A), he was searched. Prior thereto, police party gave its search to the accused. Accused had concealed an envelope underneath his pant, which contained Charas in the shape of Battis and Tikkis. Another envelope was also recovered from the body of the accused, which contained opium. From the shop of Sanjeev Kumar (PW -2), scales and weights were brought. When weighed, opium was found to be 250 grams and Charas to be 300 grams. Two samples, each weighing 25 grams, from each of the contraband substances, were drawn. Samples as also the remaining stuff were sealed separately. NCB form (Ex. P.W. 13/M & 13/O) was filled up on the spot and the seal was handed over to the respective witness. Rukka (Ex. PW -13/F) was sent to Police Station, Sadar (Bilaspur), through Constable Ram Singh (not examined), on the basis of which FIR No. 218/04, dated 13.7.2004 (Ex. PW -5/A), for commission of offence punishable under the provisions of Ss. 18 and 20 of the Act, was registered, by Balbir Singh (PW -5), who was officiating SHO of the Police Station. With the completion of proceedings of the spot, accused was arrested and alongwith the case property produced before the SHO, who resealed the case property with his own seal of impression 'K'. Whereafter, the case property was entrusted to MHC Jai Ram (PW -9), who, through Constable Raj Kumar (PW -3), sent the sealed samples for analysis to the Chemical Laboratory. On receipt of the report of the Chemical Examiner and 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.