STATE OF HIMACHAL PRADESH Vs. THARBAN LAL

JUDGEMENT

(1.) This appeal has been preferred by the State of Himachal Pradesh against acquittal of respondentTharban Lal vide judgment, dated 29th October, 2008, passed by the learned Special Judge, Kullu, in Sessions Trial No. 52/06 arising out of case FIR No. 248/2005 registered at Police Station Manali under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act').

(2.) Prosecution case, in brief, is that on 19th November, 2005, at about 2.45 p.m., PW3 SI Lal Singh, alongwith HC Gangvir Singh (not examined), HHC Nand Lal (not examined), PW1 HC Deepak Kumar and PW2 Constable Sanjay Kumar, departed Police Post Patlikuhl for patrolling and detection of crime relating to excise and narcotics after recording DDR No. 10 Ex. PW3/B. At about 4.50 p.m., near 15miles bridge, in the jungle, police party noticed a person coming from upper side having a rucksack on his shoulder, who, on seeing the police party, took uturn and started running towards jungle, whereupon the police party, on suspicion of some contraband being carried by the said person, overpowered him. On inquiry, he disclosed his identity as respondent. Thereafter, PW2 Constable Sanjay Kumar was sent by PW3 SI Lal Singh in search of independent witnesses, who did not find any independent witness and came back on the spot, whereafter PW3 SI Lal Singh associated PW1 HC Deepak Kumar and PW2 Constable Sanjay Kumar as witnesses in search and seizure procedure.

(3.) After compliance of Section 50 of NDPS Act, vide memo Ex. PW1/A, whereupon respondent opted to be searched by the police party present on the spot, the Investigating Officer, i.e. PW3 SI Lal Singh, gave his personal search to respondent vide memo Ex. PW1/B and thereafter, conducted search of bag carried by the respondent. During search, charas was recovered from the bag, which, on weighment, was found to be 800 grams. After separating two samples of 25 grams each from the recovered contraband, samples as well as remaining bulk of charas were sealed in separate parcels with seal 'T'. NCB Form, copy whereof is Ex. PW1/D, was prepared in triplicate after taking sample seal impressions of seal 'T' on separate piece of cloth Ex. PW1/C and on the the NCB Form. The seal was handed over to PW2 Constable Sanjay Kumar and three parcels were taken into possession vide memo Ex. PW1/E.