STATE OF H P Vs. OM PRAKASH

JUDGEMENT

(1.) Assailing the judgment dated 13.01.2011, passed by Special Judge, Fast Track Court, Shimla, H.P., in Sessions Trial No. 14-S/7 of 2009, titled as State of H.P. Versus Manjit Singh & another, whereby accused Om Prakash stands acquitted, State has filed the appeal, being Cr. Appeal No.164 of 2011, under the provisions of Section 378 of the Code of Criminal Procedure, 1973. Also assailing the finding in the aforesaid judgment, whereby the entire case property, so taken into possession during the course of investigation of the case, was ordered to be confiscated to the State of H.P., appellant Paramjeet Kaur has filed the appeal, being Cr. Appeal No.230 of 2011, under the provisions of Section 454 of Cr.P.C.

(2.) Accused Manjit Singh and Om Prakash were charged for having committed offences punishable under the provisions of Sections 18 and 20, read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act).

(3.) It is the case of prosecution that a secret information was received to the effect that accused Om Prakash was about to supply contraband substance to accused Manjit Singh. Such information came to be supplied to superior officer DSP Brijesh Sood (PW.19) through ASI Shiv Ram (PW.20), whereafter a raiding party was constituted. DSP Brijesh Sood headed the raiding party comprising of independent witness Smt. Champa Bhardwaj (PW.1), and police officials Vinesh Kumar (PW.18), Vijay Kumar (PW.21) and Sangat Ram (PW.23). On 12.03.2009, police conducted raid at different places and in all recovered 5.290 kgs of charas and 920 grams of opium. Different quantity of contraband substance was recovered from: (a) Dhaba owned and managed by accused Manjit Singh; (b) courtyard of the very same Dhaba; (c) vehicle i.e. Tevera bearing registration No.HP- 51A-0863 also owned and possessed by the said accused; and his house which also was exclusively owned and possessed by him. However, his family was also residing therein.