STATE OF HIMACHAL PRADESH Vs. MUKESH KUMAR

JUDGEMENT

(1.) The present petition is maintained by the State under section 378 (3) Cr.P.C. for grant of leave to file an appeal against the judgment, dated 09.01.2018, passed by learned Special Judge (Forests) , Shimla, H.P., in Sessions Trial RBT No. 14-S/7 of 2016/13, whereby the non-applicant/accused/respondent (hereinafter referred to as "the accused") was acquitted for the commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (ND & PS Act) .

(2.) In brief the prosecution case is that on 21.11.2012 a police team was on routine patrol duty towards a place known as Nangal Devi. Around 06:00 p.m. the police team was on Nangal Devi, Naleha link road, just 100 meters down from the national highway. The police team spotted a person, who was carrying a red bag and on seeing the police, he took a slew and tried to flee. He was overpowered by police and as it was a secluded place, no independent witnesses could be associated. Constables Varun Joshi and Manoj Kumar were associated as witnesses. The said person divulged his name as Mukesh Kumar (accused) and his bag was checked, which contained a transparent polythene packet having black substance in the shape of sticks and balls. The recovered substance, on smelling was found to be charas and on weighment it was 350 grams. The police completed all the sampling and sealing formalities. NCB form was filled in and the recovered contraband was taken into possession. Rukka was prepared and sent to Police Station, Theog, whereupon FIR was registered. Spot map was prepared and the statements of the witnesses were also recorded. ASI Sanjeev Kumar, officiating SHO resealed the parcel containing charas and also completed other formalities. On the subsequent day, Special report was sent to SDPO, Theog. The case property was sent to FSL Junga, and result of forensic analysis demonstrated that the sample was of charas. After completion of investigation challan was presented in the learned Trial Court.

(3.) The prosecution, in order to prove its case, examined as many as nine witnesses. Statement of the accused was recorded under Section 313 Cr.P.C., wherein he pleaded not guilty. The accused did not lead any evidence in his defence.