STATE OF HIMACHAL PRADESH Vs. MAHESH VERMA

JUDGEMENT

(1.) Judgment dated 30.3.2011 passed by learned Special Judge, Fast Track Court Kullu in Sessions Trial No. 27 of 2009 in case FIR No. 114 of 2008 registered in Police Station, Banjar under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985, acquitting respondent, has been assailed by State of Himachal Pradesh by way of present appeal.

(2.) We have heard learned counsel for the parties and have also gone through the record.

(3.) Prosecution case is that on 6.10.2008, police party headed by PW-9 ASI Man Singh consisting of PW-6 Constable Puran Chand, PW-7 Constable Ramesh Kumar was on patrolling in Taxi No. HP-01K-1491 being driven by PW-5 Sunder Singh from Banjar to Sai Ropa side. On the way near village Dogri Ropa, on noticing respondent coming from Gushaini side with backpack on his right shoulder, police party questioned him, who on inquiry disclosed his name as Maheshwar son of Kehar Singh, R/o Khadragi. PW-9 ASI Maan Singh suspected possession of some contraband and therefore, associated PW-5 Sunder Singh and PW-6 constable Puran Chand, as witnesses and then gave his personal search vide memo Ex. PW-5/A to respondent in presence of these witnesses, nothing except uniform worn by him was found in his possession. Thereafter on searching backpack of respondent, charas in the form of stick, ball and pancake was found inside a polythene bag, which on weighing was found to be 1 Kg 500 grams. Two samples weighing 20 grams each were extracted and those samples and remaining charas, left in polythene bag, were sealed in different pieces of cloth with six seal impressions of seal 'D' on each parcel. Parcel of remaining charas was kept in the same bag from which it was recovered and bag was also sealed in a cloth in similar manner. Sample seal was taken separately on separate piece of cloth, NCB form Ex. PW-9/A was prepared in triplicate and after use seal was handed over to PW-5 Sunder Singh. Seizure memo Ex.PW-5/C was prepared, which was signed by witnesses and copy of the same was supplied to respondent after obtaining his signatures on memo. Rucka Ex. PW- 9/B was prepared and sent to Police Station Banjar through PW-6 Constable Puran Chand, who came back on the spot after registration of FIR Ex. PW-4/A in pursuance to rucka. Statements of witnesses were recorded and site plan Ex. PW-9/C was prepared and respondent was interrogated and arrested at 5:30 P.M. and arrest memo Ex. PW-5/D was prepared accordingly and intimation of his arrest was given to his brother, as desired by him and memo of personal search Ex. PW-9/E was also prepared after personal search. Thereafter case property was produced before PW-4 SHO SI Lal Singh in Police Station, who re-sealed it with seal impression "H" and handed over the same to PW-1 MHC Uttam Chand. Special report was prepared and copy of same Ex. PW-2/A was delivered to Additional Superintendent of Police, Kullu through PW-8 Constable Laxman Dass on 7.10.2008 at about 4:00 P.M. On 9.10.2008, sample parcels were sent to State Forensic Science Laboratory (FSL), Junga by PW-1 MHC Uttam Singh through PW-7 Constable Ramesh Kumar vide Road Certificate No. 78/08 along with NCB-1 form, seal impression H, seal impression D, copy of FIR and copy of seizure memo which were delivered by PW-7 in State Forensic Science Laboratory, Junga on 110.2008, as there were holidays on 10.10.2008, 11.10.2008 and 12.10.2008. Receipt issued by FSL, Junga was deposited by him with PW-1 MHC Uttam Chand.