STATE OF HIMACHAL PRADESH Vs. ROSHAN LAL

JUDGEMENT

(1.) The State has come up in appeal against the judgment dated 11.12.2009 passed by learned Special Judge, Fast Track Court, Kullu in Sessions trial No. 27 of 2007, whereby the respondent (hereinafter referred to as the 'accused') has been acquitted of the charges under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred in short as "NDPS Act') and under Section 61(1)(a) of Punjab Excise Act as applicable to the State of H.P.

(2.) On 2.9.2006, the then SI/SHO Mohinder Kumar (PW12) of Police Station, Kullu accompanied by PW9 HC Harbans Kumar, PW5 HHC Kashmi Ram, PW2 C. Pradeep Kumar, PW10 C. Diwan Chand and LC Hara Dei proceeded towards Dalighat-Kadhon, Ghrakar etc. in official vehicle No. HP-34A-0122 for patrolling and to detect crimes. Rapat Rojnamcha Ext.PA was entered at the instance of PW12 by PW3 HC Netter Singh. Around 5:15 P.M. when the police party was at village Rujak received secret information that the accused deals in the business of selling illicit liquor in his tea stall at Dalighat. Finding the information so received true and there being apprehension of the incriminating substance to be destroyed, therefore, instead of obtaining search warrant, Rukka Ext.PX was prepared by PW12 and sent to police Station, Kullu through Constable Pradeep Kumar. PW8 Devi Singh Pradhan, Gram Panchayat Choparsa and PW1 Ram Nath were called and joined in the police party to witness the search and seizure. The police party thereafter left for Dalighat and reached in the shop of the accused there. The accused was doing business in the shop. His consent was obtained vide memo Ext.PM in the presence of the independent witnesses.

(3.) On completion of the investigation at the spot, PW12 returned to police station along with the case property and the accused. The parcels containing the case property along with NCB-I forms were handed over to PW11 Sarwan Kumar, Station House Officer. He re-sealed the case property with seal impression 'M' and 'A' and deposited the same with MHC Shri Roop Singh PW7 in Malkhana. The I.O. prepared the special report Ext.PD and it was sent to Ahmed Sayed DSP, Police Head Quarter, Kullu.