STATE OF HIMACHAL PRADESH Vs. GIAN CHAND

JUDGEMENT

(1.) The State has come in appeal against Judgment dated 13.3.2012 rendered by the learned Special Judge -II, Solan, District Solan, Himachal Pradesh in Sessions Trial No. 13 -S -7 of 2012/2010, whereby respondent -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 20 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 the intervening night of 5/6.1.2010, a police party headed by ASI Santosh Kumar, the then Incharge, Traffic Barrier, Parwanoo started routine checking of vehicles passing through barrier. At about 12.15 AM (night) on 6.1.2010, a Haryana Roadways bus bearing registration No. HR -63 -A -8394 came from Shimla side proceeding to Delhi. It was stopped for checking. Accused was travelling in the bus on seat No. 23. One more passenger was also sitting on the said bench. Accused had kept a Pithoo bag in between his legs. It was checked. It contained a packet wrapped with brown tape. One portion of the said packet was opened. It contained black coloured substance in the shape of sticks wrapped with plastic. It was found to be Charas. Balwan Singh was the driver and Om Kanwar was the conductor on the said bus. They were associated as witnesses. Accused alongwith bag was taken to the barrier at Parwano. Driver and conductor of the bus told that some of the passengers had to board train from Ambala and they were in a hurry therefore they could not take part in the investigation. Bus, alongwith passengers was allowed to go. Charas weighed 3.3 Kg. It was put in the same packet and packet was put in the bag. Bag was packed in a cloth parcel. It was sealed with four seal impressions of 'A'. Sample seal was separately taken on a piece of cloth. NCB form was filled in and facsimile of seal 'A' was also taken on it. Case property was taken into possession by the police. Rukka was prepared. It was sent to the Police Station through Constable Vijay Kumar. FIR No.

(3.) /2010 was recorded against the accused. Case property was produced before the SHO Police Station Parwanoo. He resealed the same with five seal impressions of seal 'H'. Sample seal 'H' was separately taken. He also filled in relevant columns of NCB form and facsimile of seal 'H' was also taken on the NCB form. Case property, alongwith sample seals 'A' and 'H' and NCB form in triplicate was deposited with MHC Bhagi Rath, who made entry in the Malkhana Register. Case property was sent to laboratory through HHC Santosh Singh. It was found to be Charas vide Ext. PW -12/G. Special report was sent to SDPO Parwanoo. 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 acquitted as noticed above. Hence, this appeal by the State.