STATE OF HIMACHAL PRADESH Vs. GUDDU RAM

JUDGEMENT

(1.) By way of this appeal, State has challenged judgment passed by the Court of learned Special Judge, Kullu, in Session Trial No. 09 of 2011 dated 04.12.2012, vide which, learned trial Court has acquitted the accused for commission of offence punishable under Sec. 20 of Narcotic Drugs & Psychotropic Substances Act, hereinafter referred to as the NDPS Act.

(2.) In brief, the case of the prosecution was that on 13.11.2010 a police party headed by PW-5 SI Om Chand had gone towards Kharahal, Bijli Mahadev and Larikot etc. and when the said police party was present around 2.30 P.M. at a place known as Burgani Nallah, accused was noticed coming from Larikot side carrying a black rucksack bag. Accused was stopped by the police party and inquiry was made from him about the articles kept in the said bag. As the place was desolate and no independent witnesses were available, PW-4 HC Gian Chand was sent to bring independent witnesses, who however came back after sometime and reported that no independent witnesses were available. In these circumstances, Investigating Officer associated PSI Anil Kumar and PW-4 HC Gian Chand as witnesses. Thereafter, Investigating Officer gave his personal search to the accused and this was followed by apprising the accused of his legal right to be searched before the Gazetted Officer or Magistrate vide Memo Ext. PW4/B. As per the prosecution, accused consented to be searched by the police party and search of the bag carried by the accused revealed that the same contained Charas which when weighed was found to be 895 grams. Charas recovered was repacked and sealed in cloth parcel with six seals of A. NCB form was filled. Sample seal of seal A was drawn up on cloth pieces. Seal after use was handed over to PSI Anil Kumar. Case property was taken into possession vide seizure memo Ext. PW4/D. Rukka Ext. PW4/E was prepared and sent to Police Station, Kullu through HC Gian Chand, on the basis of which FIR Ext. PW4/F was recorded by PW-6 SHO Ashok Kumar. Investigating Officer prepared spot map and also recorded statements of witnesses as per their versions. This was followed with the arrest of the accused and he along with case property were brought to the Police Station, Kullu and after the case property was produced before the SHO PW-6, the same was resealed by the SHO and same was deposited with MHC Police Station. Thereafter, the sample of the contraband as well as all other relevant documents etc. was sent for chemical examination to FSL, Junga and as per the report of FSL Ext. PW5/C, extract was found containing sample of Charas and quantity of resin was found 29.21% W/W.

(3.) After completion of the 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 Sec. 20 of Narcotic Drugs & Psychotropic Substances Act, to which, he pleaded not guilty and claimed trial.