STATE OF HIMACHAL PRADESH Vs. BOBBY

JUDGEMENT

(1.) By way of this appeal, State has challenged the judgment passed by the Court of learned Special Judge, Chamba Division, Chamba, in Sessions Trial No. 28 of 2012 dated 07.12.2012, vide which, learned trial Court has acquitted the accused for commission of offence punishable under Section 20 of Narcotic Drugs & Psychotropic Substances Act, hereinafter referred to as the NDPS Act, on the ground that the prosecution had failed to prove its case against the accused beyond reasonable doubt.

(2.) The case of the prosecution was that on 06.04.2012 police party headed by PW-12 HC Madho Ram was on patrol towards Chil Bangla and while on its way back when the said party reached near Sukrai Gala at around 4.45 P.M. one person i.e. the accused was noticed coming from Chil Bangla along with bag. When the said person saw the police party, he got perplexed and started to run back. He was apprehended at the spot by HC Madho Ram with the help of other police officials. On inquiry, he disclosed his name as Bobby. As PW-12 Madho Ram had suspicion that the accused might be carrying some narcotic, he accordingly apprised the accused of his right of being searched before a Magistrate or a Gazetted Office and vide Ext. PW1/A, accused consented to be searched by the police party. Further, as per the prosecution, search was carried in the presence of Constable Parveen Kumar and LHC Krishan Lal. Red bag being carried by the accused was searched from which one blue bag tiffin cover was recovered and from inside tiffin cover, one polythene packet was recovered, inside which Charas was kept in the shape of sticks which on weighing was found to be 1Kg. and 50 grams. Further, as per the prosecution, Rukka Ext. P4/A was sent by HC Madho Ram through Constable Kuldeep Kumar, on the basis of which FIR was registered. After completion of all the codal formalities, accused was arrested and contraband was taken into possession. Thereafter, police party left for Police Station where the case property was deposited with the MHC. It was thereafter sent to the FSL, Junga and as per the FSL report Ext. PA, the contraband found in the possession of the accused was an extract of cannabis and sample of Charas.

(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 Section 20 of Narcotic Drugs & Psychotropic Substances Act, to which, he pleaded not guilty and claimed trial.