STATE OF HIMACHAL PRADESH Vs. SANJAY SHARMA

JUDGEMENT

(1.) This appeal is instituted at the instance of the State against the judgment dated 10.1.2011, rendered by the learned Presiding Officer (FTC), Mandi, H.P., in Sessions trial No. 12/2010, whereby the respondent -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act), has been acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 7.12.2009, police party headed by SI/SHO PS Aut Smt. Sureshta Thakur, had set up a Nakka at traffic tunnel. At about 6:30 AM, the police party left the place of Nakka and started proceeding towards Silli Larji in the police vehicle. At about 7:00 AM, when the police party reached about 500 meters ahead of Dam, the accused was seen coming from Silli Larji side. He was carrying a bag in his right hand. He was stopped. On search of the bag, it was found to be containing a container. The container was opened and it was found to be containing honey, but the container was giving smell of narcotic substance. It was checked and ultimately on opening of the lid, 12 packets wrapped with cello tape having charas was recovered from the packets. It weighed 6 kg. 250 grams. The recovered charas along with the packets were put in that very container and the container was put in that very bag and it was parceled and sealed with 8 seals of impression "T". The place was secluded one and hence no independent witness was associated. NCB form was filled in on the spot. Sample seal was also taken on a piece of cloth. The case property was taken into possession vide separate memo. Rukka was scribed and sent to the Police Station through Constable Ramesh Kumar, on the basis of which, FIR No. 155/2009 was recorded against the accused at Police Station Aut. The case property was deposited with the MHC along with the relevant documents. It was sent to laboratory vide RC No. 116/09. The report of the Chemical Analyst is Ext. PX. The investigation was completed and the challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as eleven witnesses. The accused was also examined under Sec. 313 Cr.P.C. According to him, he was falsely implicated. The accused has examined two defence witnesses. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.