STATE OF HIMACHAL PRADESH Vs. SHYAM LAL

JUDGEMENT

(1.) Assailing the judgment dated 16.10.2014, passed by Special Judge, Bilaspur, H.P., in Sessions Trial No. 11/3 of 2010, titled as State of Himachal Pradesh Vs. Shyam Lal, State has filed the present appeal under the provisions of Sec. 378 of the Code of Criminal Procedure, 1973.

(2.) It is the case of prosecution that on 28.9.2010, police party headed by Inspector Sita Ram (PW-11), comprising of police officials namely ASI Mohinder Singh (PW-9), ASI Roop Lal (PW-4), HC Roshan Lal (PW-5) and C. Rakesh Kumar (PW-10), was on patrol duty at Swarghat bazaar, Nalagarh. At about 7:30 p.m., accused, who was carrying a bag, seeing the police party tried to flee away, as such on suspicion, was nabbed. Suspecting that he may be carrying some contraband substance, police party after associating Rehmat Ulla (PW-1) and Dalip Kumar (PW-2), searched the accused and from the bag carried by him, Poppy straw, which upon weighment, was found to be 1 Kilogram and 250 grams, recovered. The contraband substance was weighed with the scales, which were brought from the shop of Ranjeet Singh (PW-3). Rukka (Ex.PW4/A) was carried to the Police Station by ASI Roop Lal (PW-4), which led to registration of FIR No.77/10 dated 28.9.2010 (Ex.PW12/A) for commission of offence, under the provisions of Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act), at Police Station, Swarghat, District Bilaspur , H.P. With the completion of the proceedings on the spot, case property was handed over to SHO Sita Ram (PW-11), who re-sealed the same and entrusted it to H.C. Gian Chand (PW-7), who in turn, sent the same for chemical analysis through HHC Duni Chand (PW-6). During investigation, report of the State Forensic Science Laboratory, Himachal Pradesh, Junga (Ex.PW8/A), was taken on record. On completion of investigation, which, prima facie, revealed complicity of the accused in the alleged crime, Challan was presented in the Court for trial.

(3.) The accused was charged for having committed an offence punishable under the provisions of Sec. 15 of the NDPS Act, to which he did not plead guilty and claimed trial.