STATE OF H P Vs. MADAN LAL

JUDGEMENT

(1.) The present appeal is maintained by the appellant/State against the judgment of acquittal dated 18.01.2011, passed by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P., in Sessions Trial No.1/3, of 2009, whereby the accused, who was charged under Sections 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985, has been acquitted.

(2.) Briefly stating the facts giving rise to the present appeal, as per the prosecution story, are that on 20.12.2006, at about 7.30 AM, Rajinder Kumar, Inspector(PW9), along with ASI Hari Ram (PW1), Constable Amarjeet Singh (PW2), HHC Kuldeep Singh No.30, Constable Suneel Kumar, No.420 and Constable Amarjeet No.1 were present at Kaller More along with Driver Raj Kumar No.447, in connection with Nakkabandi. It has been alleged that at about 7.30 AM, a private bus of Rama Bus Service having registration No.HP-69-0110, came from Daloh, which was signaled to stop, the same was driven by Yashpal and the Conductor of the bus was Ramesh Kumar. The police party searched the bus and the passengers. The accused was stated to be sitting on seat No.1 of the bus and was having a polythene bag on his lap, which he was holding in his both hands. On asking, he disclosed his name as Madan Lal son of Hardiyal Singh, resident of village Palasa, Tehsil Ghumarwin. The polythene bag, which was being carried by the accused, was searched by the Investigating Officer, it was found to have containing Charas in the form of sticks. Weighing scale and weights of 500 grams, 200 grams and 50 grams were taken from the shop of Parkash Chand situated at a distance of 6-7 feet from the spot and recovered charas was weighed, which was found to be 750 grams. Two samples 25 grams each were drawn from the sticks and were kept in two plastic containers and remaining charas was put into the same polythene bag and was packed with a cloth. Samples packets were also packed with cloth and sealed with seal bearing impression 'R'. Two seals were affixed on sample having impression 'R' and five seals of impression 'R' were affixed on the parcel containing bulk quantity. NCB forms, in triplicate, were stated to be filled-in on the spot and all the three cloth parcels were taken into possession vide seizure memo Ext. PW-1/A duly signed by witness Yashpal (Driver), Ramesh Kumar (Conductor) and ASI Hari Ram and copy of the seizure memo was supplied to the accused free of cost, who also appended his signatures, as token of receipt.

(3.) Pw9 Rajinder Kumar, scribed rukka Ext.PW-2/A, which was sent to Police Station for registration of FIR through Constable Amarjeet Singh (PW-2), who later on came to the spot with the case file. The Investigating Officer inspected the spot and prepared site plan Ext. PW-9/A and specimen of seal was also taken on the NCB forms in column No.8 and Investigating Officer also recorded the statements of witnesses Ramesh Kumar and Yashpal Ext.PW-9/B and Ext.PW-9/C respectively. The accused was arrested and information regarding his arrest was given to his father Hardial Chand. The Investigating Officer sent the special report Ext.PW-3/A to the Superintendent of Police, Bilaspur, H.P. through Constable Chander Kant(PW-3). The Chemical Examiner's report Ext.PW-9/D was procured by the investigating Officer.