STATE OF HIMACHAL PRADESH Vs. KAMAL VERMA

JUDGEMENT

(1.) State of Himachal Pradesh has preferred this Appeal against the judgment dated 29th June, 2013 passed by Special Judge, Shimla whereby the respondent has been acquitted in a case under Sections 20 and 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') registered vide FIR No. 263/2011 dated 24th Nov., 2011, Police Station Dhalli, District Shimla.

(2.) The case of the prosecution, as spelt out from the statement of Constable Anil Kumar (PW-1) (and verified from records also) is that he was posted as a Constable in SIU, Shimla when on 24th Nov., 2011, he alongwith HC Tek Ram, Constable Rajeev Patiyal and Constable Varun Joshi departed from Police Station Sadar, Shimla on patrolling duty and detection work duty at about 7.35 P.M. towards Sanjauli-Dhalli-Mashobra-Kufri etc. At about 9.40 P.M. they reached near Mashobra bifurcation. About 50 meters towards Mashobra, one person, namely the respondent, appeared at the scene wearing black coloured full sleeve T-shirt and blue coloured jeans. He was having one grey sky blue coloured rucksack on his right shoulder. When he saw the police party, he turned back and tried to run away but was chased and caught by HC Tek Ram. Meanwhile, a Maruti Car bearing registration No. HP-63A0782 came from Mashobra side which was stopped. Only the driver was present in that vehicle who disclosed his name as Bhupinder Chauhan. Said Bhupinder Chauhan was associated with the police party and in his presence, the respondent disclosed his name as Kamal Verma. As there was suspicion regarding possession of some contraband or suspicious substance by the respondent, hence he was told orally as well as in writing whether he intended to give his search to police or wanted the presence of some Magistrate or Gazetted Officer. The respondent allegedly gave in writing that he wanted to be searched by police party. Consequently, Consent Memo Ex. PW-1/A was prepared which was duly signed by the respondent and Bhupinder Chauhan. According to Constable Anil Kumar (PW-1), all the members of the Police Party gave their personal search to the respondent and no incriminating substance was found in their possession. Thereafter, the bag, which the respondent was carrying, was searched, from inside which one red colour bag was recovered. There was yet another polythene envelope inside the red colour bag in which black coloured substance was wrapped, which was found to be charas. The contraband was weighed with the help of electronic scale and it was found to be 1610 grams. The charas was again put in polythene and red colour bag and put in rucksack. All the articles were sealed in a cloth parcel with seal impressions 'T' (nine in number). The seal impression was thereafter taken on a separate piece of cloth. The Investigating Officer filled the NCB Form in triplicate at the spot. The specimen of seal was taken on NCB Forms and was handed over to independent witness Bhupinder Chauhan. The sealed parcel was signed by witnesses as well as by the respondent. The case property was taken into possession vide memo Ex. PW-1/C. Thereafter, HC Tek Ram prepared Ruka Ex. PW-12/A at the spot and forwarded it through Constable Rajeev Patiyal to Police Station Dhalli. Constable Anil Kumar (PW-1) further stated that specimens of seal impression 'T' were taken on a piece of cloth, which is Ex. PW-1/D, on which he could identify his signatures. It was also signed by the respondent as well as Bhupinder Chauhan. He identified the bags etc. recovered from the possession of the respondent, as also identified the respondent who was present in Court. On receipt of Ruka, formal FIR was registered, the respondent was formally arrested. HC Tek Ram, who sent the Ruka as complainant, also investigated the case as Investigating Officer.

(3.) A prima facie case under Sec. 20 of the Act was made out against the respondent, to which he pleaded not guilty and claimed trial.