STATE OF HIMACHAL PRADESH Vs. MAHENDER SINGH

JUDGEMENT

(1.) This appeal is instituted at the instance of the State against the judgment dated 14.8.2015, rendered by the learned Special Judge-I, Kullu, H.P., in Sessions trial No. 136/2012, whereby the respondentaccused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 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 on 6.11.2006, a police team headed by HC Purshotam Ram (PW-7) left Police Post Jari for routine patrol duty towards Chhakna jungle. At about 6:30 AM, the police party was present at place known as Chhakna jungle where accused was seen coming from jungle towards Suma Ropa. On seeing the police party, the accused got perplexed and tried to run away. He was nabbed. Constable Mehar Chand (PW-1) was sent to call for local witnesses by HC Purshotam Ram (PW-7), but no local person was available. Thereafter, search of the accused was carried out in the presence of the witnesses. One plastic wrapper containing 'chapatti' shaped charas was recovered from the right pocket of the accused. It weighed 150 grams. Out of it, two samples of 25/25 grams each were separated, packed and sealed in two separate parcels by affixing three seals of letter "H". The remaining 100 grams bulk charas was also put in the same plastic wrapper and then sealed in a cloth parcel by putting three seals of letter "H". Seal after use was handed over to Constable Mehar Chand (PW-1). IO filled in triplicate the NCB-I form and case property was taken into possession vide memo Ext. PW-1/D. Rukka Ext. PW-7/A was sent to the Police Station, on the basis of which, FIR was registered. The case property was produced before SI Joginder Singh, who resealed the same with three impressions of "T". He filled in relevant columns of NCB-I form and drew samples of seal "T" separately. The case property was deposited with MHC Manoj Kumari (PW-2), who entered the same in Register No. 19, the abstract of which is Ext. PW-2/A. The case property was sent to CFSL, Chandigarh along with NCB-I form in triplicate through Const. Teja Singh (PW-4). The investigation was completed and challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as seven witnesses. The accused was also examined under Section 313 Cr.P.C. His case is of denial simplicitor. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.