STATE OF HIMACHAL PRADESH Vs. MEHAR CHAND

JUDGEMENT

(1.) The State has come in appeal against Judgment dated 18.2.2011 rendered by the learned Special Judge, Fast Track, Kullu, Himachal Pradesh in Sessions Trial No. 44 of 2009, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sections 20(b)(ii)(B) and 20(I)(a) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been acquitted by the learned trial Court.

(2.) Prosecution case, in a nutshell, is that on 21.12.2008, ASI Lal Chand alongwith other police officials was present at village Dhungri at about 5.30 PM in connection with patrolling duty. He received a secret information that Jai Wanti had contracted marriage with one Mehar Chand, resident of village Kais. Mehar Chand was indulging in the business of selling brown sugar and Charas to general public from the house of Jai Wanti. As the information was reliable and police party had not time to obtain search warrant from the Court, so, Rukka /information was sent to Dy.SP Manali by the Incharge of the patrolling party as per the provisions of Section 42 of the Act through Constable Sumer Bahadur. Thereafter, police party proceeded towards the house of accused. ASI Lal Chand called Pradhan of Gram Panchayat, Nasogi Shri Kehar Singh by contacting him on mobile and also Hukam, on his mobile. ASI asked both the persons to reach near the house of Jai Wanti. On the way to the house of Jai Wanti, Kehar Singh and Hukam Singh met the police party at about 5.50 PM. They were associated in the raiding party and police party reached the house of Jai Wanti at about 6.05 PM. Police party saw one person standing in the verandah of the house who disclosed his name as Mehar Chand. ASI told Mehar Chand that police wanted to search his house. House was searched in the presence of independent witnesses. Before entering the house, ASI gave his personal search to Mehar Chand in the presence of Kehar Singh and Hukam Chand. During the search of the house, police party found rucksack bag on a cot in the southern room in between the clothes. Bag was checked, in which one polythene envelope was found. Polythene envelope was opened and police found Bhang/Charas in form of pancake and marbles in it. Police also recovered two small paper packets containing narcotic substance like heroin. It was found to be brown sugar. Police also recovered small hand balance and weights of 50 gram, 20 gram, 10 gram, 5 gram, 2 gram and 1 gram. Charas weighed 900 grams and brown sugar weighed 2 grams. IO has drawn two samples of Charas weighing 25 grams each for the purpose of analysis and also drawn two samples of 1 gram each from brown sugar. Samples were wrapped in polythene envelopes and thereafter they were wrapped inside cloth. The Pullindas were sealed with seal impression 'O'. Rest of the Charas was also put in the same polythene envelope and thereafter wrapped in a piece of cloth. Pullinda containing 850 grams of Charas was sealed with six seal impressions of seal 'O'. Specimens of seals were obtained on the pieces of cloth. IO also filled in NCB-I form in triplicate. Seal after use and after taking samples of seal was entrusted to Pradhan Kehar Singh. Rukka was sent to the Police Station. FIR was registered. Site map was prepared. Police party went to the Police Station at about 11.30 pm, where SI Om Prakash resealed the case property with seal impressions of 'R'. Incharge Police Station filled up relevant columns of NCB form and handed over case property to MHC Mohinder Singh at about 11.45 PM. IO also sent special report to Dy.SP Manali on 22.12.2008. Samples were sent to FSL for chemical analysis. Bulk Charas was also sent for analysis during the course of trial. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

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