STATE OF HIMACHAL PRADESH Vs. VIKAS

JUDGEMENT

(1.) This appeal is instituted at the instance of the State against the judgment dated 10.9.2010, rendered by the learned Special Judge (FTC) Kullu, H.P., in Sessions trial No. 07/2010, 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 PW -3 HC Chaman Lal, PW -5 SHO Narain Singh and ASI Yashwant Singh had gone to Larji in official vehicle being driven by Const. Tej Ram on 27.12.2008 at 10:00 AM. PW -4 HC Paras Ram, HC Gulab Chand, Const. Nek Ram, HC Naresh Kumar and Const. Deep Chand were already present at Larji Forest Barrier. Accused came on foot from Larji at about 11:00 AM. He started running on seeing the police. He was carrying a backpack Ext. P -1. He was apprehended. The accused was apprised that police was suspecting some narcotic in his person or in the backpack and therefore, the search of his person and the backpack was to be conducted and that he was having legal right to be searched before a Magistrate or Gazetted Officer. Accused consented to be searched by the police and memo Ext. PW -1/A was prepared regarding the consent. Paras Ram and accompanying police officials gave their personal search to the accused and memo Ext. PW -1/B was prepared. The backpack was checked and it was found to be containing one polythene bag Ext. P -4 bearing the words "Kotanyi". When the polythene bag was opened, it was found to be containing black coloured substance in the shape of sticks and spheres Ext. P -5 which was wrapped in white polythene. It was found to be cannabis. It weighed 1 kg. 700 grams. Two samples weighing 25 grams each were separated for the purpose of chemical analysis. The remaining cannabis was put in the polythene bag from which it was recovered and it was wrapped in a piece of cloth. Each parcel was sealed with six impressions of seal "H". NCB -I form Ext. PW -4/A was filled in triplicate at the spot. Rukka Ext. PW -4/B was prepared and handed over to HC Chaman Lal with the direction to carry it to the Police Station. He handed over the rukka to MHC Kartar Singh PW -8, who recorded the FIR Ext. PW -8/A and sent the case file to the spot. Site plan Ext. PW -3/C was prepared and statements of the witnesses were recorded. The case property alongwith the sample seal "H", NCB -I form were produced before PW -5 SHO Narain Singh, who resealed the same with three impressions of seal "T". He filled in columns No. 9 to 11 of the NCB -I form Ext. PW -4/A. The case property was deposited with sample seals and NCB -I form with PW -8 Kartar Singh, who made entry at Sr. No. 80 in the malkhana register. The samples were sent to FSL, Junga for analysis. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as 8 witnesses. The accused was also examined under Sec. 313 Cr.P.C. According to him, he was falsely implicated. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.