STATE OF H.P. Vs. SUDHIR PRAKASH

JUDGEMENT

(1.) 800 grams of Charas is alleged to have been recovered from the conscious possession of accused Sudhir Prakash on 2.5.2004. In order to substantiate its case, prosecution has examined 11 witnesses. Undisputedly, two of the independent witnesses, who were associated by the police in the search and seizure operations, have not supported the prosecution. Finding the testimonies of police officials to be not inspiring in confidence, accused stands acquitted of the charge framed for commission of offence punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) State has appealed against the judgment dated 20.9.2008, passed by learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, Himachal Pradesh, in NDPS Act Case No.3 of 2005, titled as State v. Sudhir Prakash, challenging the acquittal of respondent Sudhir Prakash (hereinafter referred to as the accused).

(3.) It is the case of prosecution that on 2.5.2004, a police party comprising of ASI Bhagat Singh (PW -11), Constable Devi Singh ((PW -2), Constable Sohan Lal (PW -3) and Driver Dev Raj (not examined), had set up a Naka on the National Highway, near Shiv Temple, Nogli, Tehsil Rampur, District Shimla, Himachal Pradesh. At 3.35 am, accused, who came on a scooter bearing No.PB -65A -3837, was signaled to stop for checking. After informing the accused of his statutory rights, ASI Bhagat Singh obtained his consent (Ex.PW - 1/A). From the scooter 800 grams of Charas was recovered. Rukka (Ex.PW -11/C), so prepared by ASI Bhagat Singh, was taken to the Police Station, on the basis of which FIR No.89, dated 2.5.2004 (Ex.PW -5/A), for commission of offence punishable under the provisions of Section 20 of the Act was registered. Police official took the file to the spot, where proceedings were completed. NCB form was prepared; contraband substance was taken into possession vide memo (Ex.PW -1/D), after drawing two samples each weighing 50 grams. Accused was arrested and alongwith the contraband substance produced before SI/SHO Rupinder Singh (PW -5), who resealed the case property and the samples with his own seal of impression 'T' and deposited the same with MHC Swarup Ram (PW -4), who, through Constable Atma Ram (PW -9), sent the samples for chemical analysis and report of the Chemical Examiner (Ex.PW -11/H), so obtained, was taken on record. 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.