STATE OF H P Vs. ANIL KUMAR

JUDGEMENT

(1.) State of H.P. aggrieved by the judgment dated 1.9.2010, passed by learned Special Judge, Fast Track Court, Kullu, in Sessions Trial No.47/2009, whereby the respondent, hereinafter referred to as "the accused" has been acquitted of the charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as "the Act" in short, has come up in appeal before this Court.

(2.) Accused Anil Kumar is resident of village Bandal, PO Gusaini, Tehsil Banjar, District Kullu. Allegations against him in a nutshell are that on 3.10.2008 around 9.30 a.m., a team of police headed by PW-9 HC Sarswati of Police Station, Bhuntar, was present at Police Check Post, Bajaura. A bus bearing registration No.HP-34B-8725 came there from Kullu side. It was signalled to stop by the police. The accused was found occupying seat No.37 in the bus. On checking, Charas was recovered from a blue coloured purse like bag he was having with him. After recovery of Charas from his bag, the accused was made to de-board the bus and taken to Police Check Post, situated nearby. Driver of the bus Pappu Ram and Conductor Dalbir Singh PW-1 were also associated in the investigation conducted by PW-9 HC Saraswati. The Charas recovered from the bag was weighed and it was found 170 grams. After separating two samples of 25 grams each, the recovered Charas was wrapped in a piece of cloth and sealed with four impressions of seal 'T'. The sample parcels were also sealed with the same seal. The Charas was taken into possession vide seizure memo. Ext.PW1/A in the presence of the witnesses. Columns No. 1 to 8 of NCB-1 Form Ext.PW4/C were filled up on the spot and Rukka Ext.PW9/B was prepared. It was handed over to lady constable Chandra Devi PW-2 for being taken to Police Station, Bhunter, for the purpose of registration of FIR. The spot map Ext.PW9/C was also prepared on the spot.

(3.) The accused was interrogated and apprised about the nature of the offence he committed and the provisions of punishment prescribed therefor vide memo. Ext.PW9/E. It is thereafter he was arrested.