STATE OF HIMACHAL PRADESH Vs. DINESH KUMAR

JUDGEMENT

(1.) Instant appeal has been preferred by the State against acquittal of respondent Dinesh Kumar vide judgment, dated 20th June, 2011, passed by the learned Special Judge, Fast Track, Kullu, in Sessions Trial No. 34 of 2010 arising out of case FIR No. 37/2010 registered at Police Station Manali under Sec. 20 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (hereinafter referred to as 'NDPS Act').

(2.) Prosecution story, in brief, is that on 4th Feb., 2010, at about 6.15 p.m., when PW7 ASI Naresh Chand alongwith PW6 HC Keshav Ram, HC Mahinder Singh (not examined), HHC Ajay Kumar (not examined) and HHC Raj Kumar (not examined) was on patrolling to detect the crime on the road Naggar Jana, about one kilometer behind Village Nashala towards Naggar, the police party spotted a person coming from Nashala side towards Naggar, who, on noticing the police party, started going back with fast pace whereupon, on suspicion, police party overpowered the said person, who was perplexed. On inquiry, he disclosed his identity as respondent. On noticing something extra under his right armpit inside the jacket, police party suspected some illegal article with him. Despite waiting for long time, no independent/local person was available as a witness on the spot, therefore, PW7 ASI Naresh Chand associated PW6 HC Keshav Ram and HC Mahinder Singh as witnesses for search and seizure of the person of the respondent.

(3.) It is case of prosecution that PW7 ASI Naresh Chand gave his personal search to respondent in presence of aforesaid witnesses, memo Ext. PW6/ B was prepared in respect thereof and also informed respondent, orally as well as in writing, vide memo Ext. PW6/ A, about his right to have option to give search of his person before a Magistrate or Gazetted Officer, whereupon respondent opted to be searched by the police party. During search, a khakhi yellow coloured bag was found under the right armpit inside the jacket worn by respondent and on opening the said bag, round shaped charas wrapped in polythene was found, which was weighed with the help of scales and weights available with the police party. The recovered contraband was found to be 800 grams, which was again put in the same bag and the said bag was sealed with seal 'H' by putting the same in a cloth parcel vide seizure memo Ext. PW6/ D. Sample seal impressions were also taken on separate piece of cloth, Ext. PW6/ C. NCB Form Ext. PW4/ B was prepared in triplicate and sample seal 'H' was also affixed thereupon. Seal 'H' was handed over to PW6 HC Keshav Ram. Copy of seizure memo Ext. PW6/ D was supplied to respondent free of cost. Rukka Ext. PW7/ A and site plan Ext. PW7/ B were prepared and Rukka Ext. PW7/ A was sent to Police Station Manali through PW6 HC Keshav Ram at 7.45 p.m., who reached the Police Station at 10.25 p.m. He handed over Rukka to PW5 SI Om Chand, the then SHO, who, on the basis of Rukka, lodged FIR Ext. PW5/ A and handed over Rukka back to PW6 HC Keshav Ram at 10.30 p.m. after making endorsement thereupon, which is encircled with red pen. In the meanwhile, PW7 ASI Naresh Chand alongwith remaining police officials also reached the Police Station and PW6 HC Keshav Ram handed over case file and Rukka to PW7 ASI Naresh Chand outside the Police Station.