STATE OF HIMACHAL PRADESH Vs. MOHIT AND OTHERS

JUDGEMENT

(1.) State has preferred present appeal against acquittal of respondents by learned Special Judge (II), Kinnaur at Rampur, vide judgment dated 30.3.2011, passed in sessions trial No. 15- AR/3 of 2008/2010, title State vs. Mohit and others, in case FIR No. 70 of 2008, dated 22.6.2008 registered at Police Station Ani, under Sections 18, 20 and 29 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to the Act).

(2.) Case of the prosecution is that during intervening night between 21st and 22nd June, 2008, after 1 AM, PW11 ASI Prem Lal along with PW4 HHC Roshan Lal, C. Sunder and HHG Daya Ram, during Nakabandi duty, was returning to police station Ani and on reaching behind Kiran Bazar at 1.30 AM a vehicle, coming from Ani side towards Luhari, was noticed, which was stopped by giving signal by police party. In the said vehicle four persons were sitting. On asking by PW11, driver of vehicle handed over his driving licence as well as documents of vehicle. Vehicle was not having registration certificate but driver produced documents indicating temporary registration No. HR- 99-BY.Temp-3059. Papers of vehicle were returned but licence of driver was with PW11. Occupants of vehicle could not satisfactorily explain for travelling during midnight, whereupon on suspicion PW11 along with other police officials, started checking the vehicles and found a packet concealed in stepney of vehicle. The moment PW11 started opening the packet, all four persons fled away from spot by taking benefit of darkness but leaving the vehicle there. Police party unsuccessfully attempted to apprehend these persons by chasing them. In recovered packet, other packets containing charas and opium were found. As there was no arrangement of light on the spot, place was secluded one and there was no possibility of crossing another vehicle on the spot at that time and also because of night there was non-availability of independent witnesses, it was not plausible to carry on proceedings on the spot. Therefore, PW4 HHC Roshan Lal and C.Sunder Singh were associated as witnesses in proceedings and vehicle in question was brought to old bus stand near police station along with accompanying police officials with the help of driver Dalip Singh and HHG Daya Ram was retained with intercepted vehicle.

(3.) Police party headed by PW11 Prem Lal, reached at police station at about 2.30 AM and arrival report No.3 dated 22.6.2008 was recorded. PW11 informed PW5 SHO Nathu Ram about the incident, who in turn, deputed police officials/parties to search accused vide report No. 5 dated 22.6.2008 Ext.PW6/D recorded at 3.05 AM. Licence of driver of vehicle, left with PW11, revealed name and address of driver of vehicle as Pawan Kumar son of Sube Singh resident of VPO Chiri Rohtak (Haryana). On weighing charas and opium of four packets, found in recovered packet of cloth, in presence of witnesses associated in proceedings, charas weighing 1.430 Kg., 1.740 Kg. and 3.285 Kg was found in three different packets, whereas in fourth packet 320 grams opium was found. Two samples each from all packets were taken and samples as well as remaining contraband in respective packets were sealed with seal 'T' and packets of remaining contraband were marked as P-1 to P-4 and samples were marked as S-1 to S-8 and NCB form was filled in triplicate and seal was handed over to PW4 HHG Roshan Lal after taking the specimen of seal Ext.PW4/B on cloth and on NCB forms Ext.PW5/C. Thereafter ruka Ext.PW11/A was prepared and handed over to PW5, in pursuance to which FIR Ext.PW5/A was registered at 4.20 AM and endorsement thereabout Ext.PW5/B was made by PW5 on the ruka at 5.50 AM as PW11 also produced case property including samples, specimen impression of seal and NCB form before PW5 regarding which Ext.PW6/F report No. 8 dated 22.6.2008 was recorded. PW11 resealed the parcels of samples as well as remaining contraband with seal 'H' and after taking specimen impression of seal Ext.PW4/C and filling columns of NCB form Ext.PW5/C deposited case property in malkhana with PW6 MHC Rajinder Singh at 6.15 AM vide Ext.PW6/G report No. 9 dated 22.6.2008. PW6 entered the same at Sr. No. 170 (Ext.PW6/A) in the Malkhana register. Special report Ext.PW1/A prepared by PW11 ASI Prem Lal was also submitted to Reader to Dy.S.P. Ani at 6.15 PM on 22.6.2008 through PW1 HHC Kashmi Ram. Copy of FIR was also delivered to Sub Divisional Judicial Magistrate, Ani at 5.10 PM on 22.6.2008.