STATE OF HIMACHAL PRADESH Vs. ASHOK KUMAR

JUDGEMENT

(1.) By way of this appeal, the appellant/State has challenged the judgment passed by the Court of learned Special Judge-II, Kangra at Dharamshala, in Sessions Trial RBT No. 44-I-VII/13/2012, dated 26.11.2014, vide which, learned Trial Court has acquitted the present respondent (hereinafter referred to as 'accused') for commission of offence punishable under Sec. 15 of the Narcotic Drugs and Psychotropic Substances, Act (in short 'NDPS Act').

(2.) The case of the prosecution in brief was that on 23.07.2012, a police party headed by ASI Suresh Kumar and comprising of PW4 HC Govind Singh, PW5 HHC Balkar Singh, HHC Inderpal, HHGs Hoshiar Singh and Puroshatam Lal was on patrolling at a place known as Milwan. PW1 Satpal Singh, Up-Pradhan, Gram Panchayat, Milwan, and PW2 Janak Raj were called and associated by the Investigating Officer for the purpose of raid and at around 3:10 a.m., a secret information was received by the Investigating Officer to the effect that ahead of Milwan village, on an old path which leads to railway bridge, one person was concealing bags in the bushes and these bags might contain some illicit articles. Further as per the prosecution, on the receipt of said secret information, Investigating Officer along with independent witnesses and other police officials proceeded to the spot and found the accused concealing bags in the bushes. The accused was apprehended by the police party and, on inquiry, he disclosed his name as Ashok Kumar @ Sonu. One bag was lying on the road and three bags were taken out from the bushes. The bags on checking were found containing plastic envelopes and when these plastic envelopes were opened, on smelling and taste, the envelopes were found containing poppy straw. First bag was found containing 20 plastic envelopes of green colour, second bag was found containing 25 plastic envelopes of green colour, third bag was found containing 15 plastic envelopes of green colour and fourth bag was found containing 15 plastic envelopes of blue colour and 11 plastic envelopes of white colour and all the envelopes were filled with poppy straw. As per prosecution, accused could not produce any licence/permit for possessing the said contraband. In these circumstances, one Shamsher Singh was asked telephonically to bring weighing scales and the poppy husk on weighing was found to be 80 kilograms and 600 grams. Each bag was tied with thread and sealed with seal impression 'A' and specimen of seal Ext. PW11/C was taken on a separate piece of cloth and seal after use was handed over to witness Satpal Singh. NCB forms in triplicate were filled on the spot and recovered contraband was taken into possession vide memo Ext. PW1/A. The Investigating Officer sent rukka Ext. PW11/A to police station through HHC Inderpal, on the basis of which, FIR Ext. PW8/A was registered in Police Station, Indora. Thereafter, Investigating Officer prepared site plan and recorded the statements of witnesses under Section 161 of the Code of Criminal Procedure (hereinafter for short as 'Cr.P.C.'). Case property was resealed with seal impression 'B'. PW7 MHC Chain Singh entered the case property in Malkhana register. HHC Balkar Singh deposited the same in State Forensic Science Laboratory, Junga.

(3.) After the completion of investigation, challan was filed in the Court and as a prima-facie case was found against the accused, accordingly, he was charged for commission of offence punishable under Sec. 15 of the NDPS Act, to which he pleaded not guilty and claimed trial.