STATE OF HIMACHAL PRADESH Vs. KASHMIR SINGH

JUDGEMENT

(1.) The instant appeal has been instituted against Judgment dated 7.3.2009 rendered by learned Special Judge, Mandi, District Mandi, HP, in Sessions Trial No. 7/06, whereby respondent -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for 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 on 30.1.2005 at about 6.30 pm, Shri Narender Kumar, incharge CIA Staff, Mandi alongwith S/Shri Ram Lal HC, Sant Ram Constable and Tara Chand, Constable, was on patrolling at Shilli -Larji. Police noticed a person coming from Shilli Larji side towards Thalaut. On noticing the police party, said person turned back and tried to escape. Police nabbed him and ascertained his identify. On suspicion, police carried out the search of the accused, on which, a polythene packet with knot concealed in his belly in the pants was recovered. On opening packet, police recovered Charas in the shape of Chapati and sticks. Charas was found to be 800 grams. Out of recovered Charas, two samples 25 grams each were separated and sealed with seal 'T'. Bulk Charas was also sealed separately with seal 'T' and specimen of seal impression Ext. PA was taken. NCB form, Ext. PL, in triplicate was updated and seal was handed over to Ram Lal HC. Case property was taken into possession vide Ext. PB Rukka Ext. PE was prepared and sent to the Police Station, through Constable Sant Ram. FIR, Ext. PF was registered. Case property was produced by Narender Kumar, Incharge CIA Staff before Dabe Ram. He resealed the same. Investigation was completed and Challan was put up in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as 8 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. According to him, he was falsely implicated. Trial Court acquitted the accused. Hence, this appeal.