STATE OF H P Vs. LEKH RAJ

JUDGEMENT

(1.) Aggrieved by the acquittal of the respondent for the offence punishable under Sections 20 of the Narcotic Drugs & Psychotropic Substances (for short the 'NDPS Act') , the State has filed the instant appeal.

(2.) The case of the prosecution, in brief, was that on the night intervening on 20/21.10.2010, HC Varinder Singh alongwith HC Kartar Singh, C. Aslam Mohammad and C. Yakoob Mohammad was present near Tikari bridge, Lasuin Chowk at about 1:25 am for Nakabandi. In the meantime, respondent was seen coming from Lasuin road towards Tikari bridge side but having seen the police party in uniform, the respondent turned back and started running away. The respondent was asked to stop but he did not do so and, therefore, was chased. While fleeing away, he started pelting stone on the police party and after running a distance of 50-60 meters, respondent jumped towards dhank and fell down 7-8 feet below the road and, thereafter, was overpowered. The respondent had green colour bag in his right hand. He was informed that he was suspected of carrying narcotics and, therefore, his bag was required to be searched. He was apprised of his legal right to be searched before a Magistrate or gazetted officer but the respondent consented to be searched by the police party at the spot and gave consent vide memo Ext.PW1/A. However, before conducting search, the police officials gave their search to the respondent vide memo Ext. PW-1/B. Since, the place was secluded one and moreover it was night, no independent witness could be associated and the bag was searched in the presence of the police officials. On opening of the bag, black colour hard substance in the shape of candle was recovered, which on smelling and experience was found to be 'Charas'. The police party was having scale and weights and the charas so recovered was weighed and it was found to be 4 kgs. and put in the same bag which was then wrapped in a piece of cloth and sealed with five seals of impression 'V'. Specimen of sample seal Ex.PW1/C was drawn on a piece of cloth. NCB forms in triplicate were completed and the seal was embossed thereon and thereafter handed over to C. Kartar Singh. The case property was thereafter taken into possession vide memo Ext. PW-1/D. Rukka Ext.PW12/A and sent to the police station through C. Aslam Mohammad No. 311 for registration of the case and the copy of the rukka was handed over to C. Yakoob Mohammad No. 565 for delivering the same to S.P., Chamba. On the basis of rukka FIR Ext.PW-6/K was registered and after registration of the FIR, case file was handed over to C. Mohammad Aslam who delivered the same to HC Varinder Singh at 4:40 am.

(3.) After inspection of the spot, spot map Ext.PW-12/B was prepared. Statements of the witnesses were recorded as per their versions. After interrogation of the respondent, he was arrested vide memo Ext.PW-12/D and thereafter his personal search for his personal belongings were taken vide Ext. PW-12/E.