STATE OF HIMACHAL PRADESH Vs. NAND LAL

JUDGEMENT

(1.) State has preferred present appeal against judgment dated 8.12.2011 passed by Special Judge, Kullu, H.P. in Sessions Trial No. 46 of 2010 dated 12.9.2010 under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) , registered at Police Station Bhuntar, District Kullu, H.P., vide which respondent stands acquitted.

(2.) Prosecution case is that on 19.2010, PW-13 ASI Ram Lal along with PW-7 Constable Dhameshar Singh, PW-8 LHC Narpat and other police officials LHC Kishori Lal, Constable Subhash, Constable Jitender and Constable Kashmir Singh, being members of Special Investigation Team (SIT) , had set up a naka at place Bhadyoli on a road from Hurla to Bhadyoli. At about 130 P.M. respondent was seen by police party coming down from hill side with a rucksack bag with him, who tried to escape from the spot on noticing police party, which raised suspicion of having in his possession some stolen or illegal articles and therefore, he was nabbed by police party. As the place was secluded one and no independent witness was available, PW-13 ASI Ram Lal associated PW-8 LHC Narpat Ram and PW LHC Kishori Lal (not examined) as witnesses in the investigation. On inquiry, respondent disclosed his name and address. After giving search of police officials to the accused vide memo Ex. PW-7/A, bag being carried by respondent was searched in which two polythene packets, containing black and brown colour substance, were found and the substance so found, on the basis of experience, was suspected as opium. On weighing with the help of scale available in kit of I.O., recovered contraband was found to be 5 Kilograms. Thereafter opium was repacked in the same manner and was kept in rucksack bag, which was sealed in a cloth parcel Ex. P1. NCB form in triplicate was filled and facsimile of seal 'S' was taken on the said form and also as sample, on separate piece of cloth. Seal was handed over to PW-8 LHC Narpat and case property was taken into possession vide seizure memo Ex. PW-8/A. Thereafter rucka Ex. PW7/B (which is also marked as Ex. PW-13/A) was prepared and sent to Police Station, Bhunter through PW-7 Constable Dhameshwar Singh, who after registration of FIR Ex. PW-1/A came back on the spot alongwith case file and handed over the same to PW-13 at about 5:00 P.M. In the meanwhile, spot map Ex. PW-13/B was prepared and statements of witnesses were recorded. Respondent was arrested at about 4:00 P.M. vide arrest memo Ex. PW-8/C and his personal search was conducted and articles in his possession were taken into possession vide seizure memo Ex. PW-8/D. Thereafter accused and case property was brought to Police Station and case property was handed over to PW-4 SI/SHO Narayan Singh, who resealed the case property with seal 'T' and filled columns 9, 10 and 11 of NCB Form Ex. PW-4/B and affixed seal 'T' on this and also took specimen seal impression of seal 'T' on piece of cloth Ex. PW-4/A. Thereafter case property along with other documents was handed over to PW-1 H.C. Chaman Lal who was officiating as MHC on that day.

(3.) Case file was handed over to PW-4 SI/SHO Narayan Singh by PW-13 ASI Ram Lal on 12.9.2010 where after, on 19.2010, PW-4 SI/SHO Narayan Singh entrusted investigation to PW-6 ASI Jaspal Singh, who delivered special report Ex. PW-2/A in the office of Dy.S.P. Headquarter at about 5:00 P.M. on the very same day and thereafter, as directed by PW-4 SI/SHO Narayan Singh, on 15.9.2010, he handed over case file to PW-1 Head Constable Chaman Lal. Case was also partly investigated by PW-10 ASI Naresh Chand by recording statements of PW-1 Head Constable Chaman Lal, PW-2 Head Constable Nirat Singh, PW-4 SI Narayan Singh, PW-9 Constable Hitesh Kumar and PW-11 MHC Tara Chand. He also obtained abstracts of malkhana register and R.C. register from MHC and abstract of register from Reader of Dy.S.P.