STATE OF HIMACHAL PRADESH Vs. SUNIL KUMAR

JUDGEMENT

(1.) The State has come in appeal against Judgment dated 1.4.2010 rendered by the learned Sessions Judge, Solan, Himachal Pradesh in Case No. 15-NL/7 of 2008, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sec. 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been acquit by the learned trial Court.

(2.) Prosecution case, in a nutshell, is that on 5.11.2007, ASI Police Station, Nalagarh along with ASI Kuldeep Singh, HC Pratap Singh, Constable Gurnaib and Constable Balwant Singh was on patrolling duty in Nalagarh Bazaar. When the patrolling party reached near Barfani Chowk, ASI Yusuf Ali received a secret information that a person namely Sunil Kumar had come for sale of Charas and he was seen near Telephone Exchange and, if nabbed, Charas in huge quantity could be recovered from him. On receipt of the information, reasons of belief were reduced into writing and sent to SDPO Nalagarh. Thereafter, raiding party proceeded towards the place near Telephone Exchange, Nalagarh where one person named Mohammad Rafi, a resident of Nalagarh met the said raiding party. He was associated as an independent witness. They proceeded ahead. At a distance of 70 metres ahead of the Telephone Exchange, raiding party spotted a youth wearing green sweater and grey pants, who on seeing the police tried to run away. He was chased and nabbed. At that place, one Suresh Kumar, who was standing outside his house was apprised about the facts and was associated as a witness. Thereafter, ASI apprised the accused that a secret information regarding his being in possession of Charas was received and that he wanted to search his person. Accused was apprised of his legal right to be searched before a Magistrate or a Gazetted Officer. Accused consented to give his search to the Police. Accused was searched and Charas was recovered from the polythene envelope under his shirt and sweater. It weighed 250 grams. Two samples of 25 grams each were drawn and sealed with seal impression of 'Y '. Remaining Charas was sealed with the same seal in a separate parcel. Sample parcels were marked as S1 and S2 whereas bulk Charas parcel was marked as P1. The sample impression of seal was taken on a piece of cloth and seal after use was given to witness Mohammad Rafi. Contraband was taken into possession vide seizure memo which was signed by the independent witnesses and the accused. A Rukka was sent to the Police Station through Constable Gurnaib Singh, on the basis of which FIR was registered. ASI Yusuf Ali produced the case property before SHO, who resealed the same and issued resealing certificate. ASI deposited case property with the MHC in the Malkhana. Case property was also produced before the Judicial Magistrate, Special report was prepared and sent to the Superintendent of Police, Solan. One of the parcels was sent to FSL for analysis. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as fourteen witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. Accused was acquit as noticed above. Hence, this appeal by the State.