STATE OF H P Vs. TILAK RAJ

JUDGEMENT

(1.) Learned Special Judge, Kullu vide judgment dated 7.8.2014 passed in Session Trial No. 128/2013 (294 of 2013) while arriving at a conclusion that there are contradictions and omissions in the evidence produced by the prosecution has acquitted the respondent (hereinafter referred as to the 'accused') of the charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'NDPS Act' in short).

(2.) The legality and validity of the impugned judgment has been questioned on the grounds inter-alia that cogent and reliable evidence produced by the prosecution has been appreciated by learned trial Judge in a slip shod and perfunctory manner and as a result thereof, based its findings on hypothesis, surmises and conjectures. The reasoning given by learned trial Court while acquitting the accused of the charge is manifestly unrealistic, unreasonable and also unsustainable, as there was no occasion to the Court below to have discarded the well reasoned and consistent testimony of prosecution witnesses without any rhyme or reason and for untenable reasons. The acquittal of the accused in the case in hand is stated to be in utter disregard of the cogent and reliable evidence available on record. There being no material contradictions nor any omissions in the investigation conducted, learned trial Court has erroneously given undue weightage to the so called contradictions in the statements of prosecution witnesses. The quantity of charas recovered from the accused being 510 grams, it cannot be said that the same was foisted upon the accused by the police falsely, particularly when nothing has come on record that the I.O. and the official witnesses he associated to witness the search and seizure were inimical to the accused or having any grudge against him. The impugned judgment is, therefore, stated to be legally and factually unsustainable. The same, as such, has been sought to be quashed and set aside.

(3.) Now if coming to the record, HC Brij Bhushan, I.O. Police Post, Jari accompanied by Constable Ashok Kumar PW-2, Constable Bhim Sen and Home Guard Anil Kumar left for patrolling towards Chharod nalla early in the morning i.e. at 4.00 a.m. Rapat in this regard in daily diary Ext. PW-1/A was entered. The police party while at Kenchi mor had seen the accused coming from Manikaran side. He was having green coloured bag Ext. P-2 in his hand. On noticing the presence of police party, he had thrown the said bag Ext. P-2 towards valley side and started walking briskly towards Bhunter side. Such an act on the part of the accused raised suspicion in the mind of the police officials, therefore, he was intercepted by PW-7, who is I.O, of the case. The I.O. has verified the antecedents of accused and the reason qua throwing the bag Ext. P-2 by him. He, however, failed to give satisfactory reply and rather became nervous. On this, the accused was directed by PW-7 to pick up the bag and to get the same checked. He in compliance to the directions of PW-7 picked up the bag from the place where it was thrown and shown the same to PW-7. The place an isolated one having no population, therefore, Constable Ashok Kumar PW-2 and HC Bhim Sen accompanying the I.O. were associated to witness the search and seizure. On checking the bag Ext. P-2 six 'Chaparnuma' (rectangle) shaped pieces wrapped with brown coloured cello tape were recovered. On removal of cello tape three pieces were found 'Aayatakkar' (rectangular) in shape, whereas, remaining 'Golinuma' (ball) shaped wrapped with transparent polythene Ext. P-3. The same was weighed with electronic scale with the I.O. and found to be 510 grams in weight. The recovered charas was again put in the same bag Ext. P-2 and sealed with three impressions of seal 'O' in parcel Ext. P-1. The sample of seal 'O' Ext. PW-2/A was separately obtained over a piece of cloth and seal after its use was handed over to Constable Ashok Kumar. The NCB forms Ext. PW-4/A were filled in triplicate and thereafter the contraband allegedly charas recovered from the possession of the accused was taken in possession vide seizure memo Ext. PW-2/B. Therefore, rukka Ext. PW-6/A was prepared and sent to the police station, Kullu through Constable Ashok Kumar, on the basis whereof FIR Ext. PW-6/B was registered against the accused by the Inspector/Station House Officer Sher Singh. PW-6 has prepared the file and same was handed over to PW-2 Constable Ashok Kumar for being taken to the I.O. PW-7 at the spot. The I.O. had prepared the site plan Ext. PW-7/A and also photographed the spot vide photographs Ext. PW-7/B-1 to Ext. PW-7/B-10. He also prepared the CD Ext. PW-7/B- 11 and recorded the statements of witnesses as per their version. The accused was interrogated and thereafter arrested and grounds of arrest were disclosed to him vide memo Ext. PW-7/G. He thereafter was got medically examined in CHC Jari. The accused along with the case property was produced before the Station House Officer, PW-6 in Police Station, Kullu who re-sealed the parcel Ext. P-1 with three impressions of seal 'I' and after filling up the relevant columns of NCB forms Ext. PW- 4/B handed over the case property with all documents to PW-4, HC Ram Krishan, Police Station, Kullu. Rapat qua re-sealing the case property and entrustment thereof Ext. PW-6/D was also entered in the daily diary.