ASHISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In relation to FIR No.215/07, dated 22.8.2007, registered at Police Station, Nalagarh, District Solan, Himachal Pradesh, accused-convict Ashish Kumar (hereinafter referred to as the accused), was charged for having committed an offence, punishable under the provisions of Section 20(b)(i)(B) of the Narcotic Substances and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). Findings of conviction and sentence rendered by the Sessions Judge, Solan, Himachal Pradesh, in Case No.1-NL/7 of 2008, titled as State of Himachal Pradesh v. Ashish Kumar, are subject matter of challenge in the present appeal.

(2.) In short, it is the case of prosecution that on 22.8.2007, SI Raj Kumar (PW-11) received secret information that a person, with a lean body, wearing particular type of clothes, was suspected to be carrying some psychotropic substance. He sent 'reasons to believe' to the Superior Officer (Deputy Superintendent of Police, Nalagarh) and after forming a search party, comprising also of independent witnesses Niksan Kumar (PW-1) and Dheeraj Sharma (DW-1) searched for the said person, who was present at Dattowal, near Dargah Pir Baba (Nalagarh). Appearance of the accused matched the description, as such, he was informed of his statutory rights. He consented to be searched on the spot and from the bag carried by him, on his left shoulder, contraband substance, i.e. Charas, was recovered. It was weighed and found to be 900 grams. Two samples, each weighing 50 grams, were drawn. Both the samples and the bulk stuff were packed and sealed with a seal of impression 'B'. On the spot, SI Raj Kumar filled up requisite particulars in the NCRB form. Ruka (Ex.PW-3/A), prepared on the spot was carried to the Police Station by Narinder Kumar (PW-3), on the basis of which FIR No.215 dated 22.8.2007 (Ex.PW-8/A) was registered by Yusuf Ali (PW-8). Since SI Raj Kumar (PW-11) himself was the SHO, there was no requirement of resealing the case property. With the completion of proceedings on the spot, accused was arrested and brought to the Police Station, where case property was entrusted to Vishesh Kumar (PW-9), who deposited it in the Malkhana. Thereafter, Raman Kumar (PW-4) took the sealed samples for chemical analysis to the Forensic Science Laboratory, Junga and report (Ex.PX) thereof collected. Special Report (Ex.PW- 5/A) was prepared and sent to Superior Officer, which was received by Prem Lal (PW-7). With the completion of investigation challan was filed in the Court.

(3.) In order to establish its case, prosecution examined as many as 11 witnesses and statement of the accused, under the provisions of Section 313 of the Code of Criminal Procedure, was also recorded. He pleaded false implication and innocence. In defence, he examined Dheeraj Sharma (DW-1), who was not examined by the prosecution for the reason that its case already stood corroborated by an independent witness Niksan Kumar (PW-1).