STATE OF HIMACHAL PRADESH Vs. VIJENDER SINGH

JUDGEMENT

(1.) Respondent Vijender Singh (hereinafter referred to as the 'accused') has been acquitted by learned Special Judge (II), Kinnaur at Rampur of the charge under Sections 20 of the Narcotic Drugs and Psychotropic Substances Act, 1986 (hereinafter referred to as "ND PS Act " in short) vide judgment dated 21.5.2011 passed in case RBT No. 24-AR/3 of 2009/2010. The State of Himachal Pradesh aggrieved by the acquittal of the accused has come up in appeal before this Court.

(2.) The accused belongs to District Sonipat (Haryana). He was booked by the police of Police Station, Kumarsain in a case under Sec. 20 of the NDPS Act registered on 15.12.2008 vide FIR No. 121/2008 with the allegations that at Kheker Nallah, when the search of the bag he was carrying on his right shoulder was conducted, Charas weighing 5Kgs 900 Grams was recovered therefrom.

(3.) The prosecution case as disclosed from the record in a nut shell is that on 15.12.2008 ASI Bhagat Ram (PW11), the investigating Officer was away to Sessions Court at Rampur to attend hearing in a bail application, listed there and for getting a challan prepared in some case from the District Attorney, Kinnaur at Rampur. Rapat No. 5(A) Ext.PW11/A was entered in the Rojnamcha of Police Station in this regard. On the same day, around 4:30P.M. PW-11 asked ASI Shyam Lal PW-3 to depute two police officials in official vehicle towards Kingal-Sainj side for laying nakka. On the information so received, PW-3 has deputed Constable Suresh Kumar PW8 and HHG Naresh Kumar in the official vehicle along with its driver Constable Lachhi Ram. They were also given search light etc. Rapat No. 19(A), Ext.PW11/B to this effect was entered in rojnamcha by PW-3. PW8 and HHG Naresh Kumar went to Khekar Nallah in the official vehicle and met there to the I.O. PW11 at 4:45 P.M. PW11 laid nakka in Khekar Nallah on National High Way No. 22 with the assistance of the police officials accompanying him. At 5:30 P.M., the accused was spotted coming from Sainj side. He was holding a bag on his right shoulder. When arrived closure to the place of nakka and noticing the police party present there, he was taken to surprise and as such tried to flee away. PW-11, however, over powered him with the help of the accompanying police officials. The conduct of the accused having tried to flee away on seeing the police has raised suspicion in the mind of PW-11 that he may be carrying some drug or narcotic substance in the bag.