STATE OF HIMACHAL PRADESH Vs. GUDDU SHARMA

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment passed by the Court of learned Special Judge-II, Solan, Distt. Solan in Session Trial No. 13-S/7 of 2014 dated 16.1.2015 vide which learned trial court acquitted the accused for commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act').

(2.) The case of the prosecution, in brief, was that on 12.3.2014 S.I. Ramesh Kumar, In-charge S.I.U, Solan along with HC Ambi Lal, HHC Ajay Kumar, Constable Satish Kumar and Constable Amit Kumar proceeded for patrolling purpose towards Chambaghat and at around 4:00 p.m. when they were at Chambaghat, one bus bearing registration No. PB-65L-5921 came from Shimla side proceeding towards Chandigarh. Further as per the prosecution this bus was stopped by police officials for checking. Sub Inspector, Ramesh Kumar, along with Constable Satish Kumar entered the bus from front door for checking and other police officials entered the bus from back door. When SI Ramesh Kumar reached near seat No. 27, accused who was seated on the said seat got frightened. Police enquired his name and address which was duly disclosed by him. In these circumstances the Investigating Officer associated Jaspreet who was occupying seat No. 28 and Balraj Singh Conductor of said bus as witnesses and after apprising the accused of his right to be searched before a Magistrate or a Gazetted Officer in their presence, his consent to be searched by police official was obtained vide Ext. PW2/A. This was followed by personal search of the accused by SI Ramesh Kumar in presence of witnesses as well as Constable Satish Kumar. Search of accused revealed that accused was in possession of one plastic bag wrapped in khaki colour tape which was hidden under his sweater. When this packet was opened, sticks and ball shaped black colour substance was found and on smelling and checking the same was found to be charas. This substance was weighed with electronic scale and the same was found weighing 474 grams. After weighing the same, charas was put back in the same bag and thereafter the same was placed in a cloth parcel and sealed with four seals of 'R'. Signatures of witnesses were taken on the parcel. Thereafter SI Ramesh Kumar filled column No. 1 to 8 of NCB form vide Ext. PW8/A. Other formalities were also completed at the spot including preparation of recovery memo Ext. PW2/B. As per prosecution photographs were taken by Constable Ajay Kumar and videography was also done. Statements of witnesses were recorded and spot map was also prepared. One ticket Ext. PW2/C was also recovered from the possession of the accused during Jamatalashi. Ruqua Ext. PW3/A was scribed by SI Ramesh Kumar and sent to Police Station, Sadar through Constable Satish Kumar. On the basis of said Ruqua, FIR Ext. PW7/A was registered. Thereafter as per prosecution, S I Ramesh Kumar reached Police Station at around 8:00 p.m. along with accused and case property and case property was handed over to SHO Anil Dhaulta who resealed the same with three seals of 'U'. Sample impressions of seal 'U' were also taken on cloth Ext. PW10/B as well as on NCB form. He also filled relevant columns of NCB forms and issued reseal certificate Ext. PW10/C. The case property was thereafter deposited with MHC Kanshi Ram which was later on sent through Constable Anil Kumar to FSL Junga. As per report of FSL, Junga the exhibit was extract of cannabis and sample of charas.

(3.) After completion of investigation, challan was filed in the Court and as a prima facie case was found against the accused, he was charged for commission of offence punishable under Section 20 of the NDPS Act, to which he pleaded not guilty and claimed trial.