STATE OF HIMACHAL PRADESH Vs. NARESH KUMAR

JUDGEMENT

(1.) This appeal has been preferred by State against judgment dated 29.8.2009 passed by learned Sessions Judge, Kinnaur at Rampur, in Sessions Trial No. 07 of 2007 titled State of H.P. vs. Naresh Kumar, whereby respondent Naresh Kumar stands acquitted in case FIR No. 109 of 2006 dated 26.11.2006 registered at Police Station Ani under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as 'the NDPS Act').

(2.) We have heard Mr. J.S. Guleria, learned Additional Advocate General as well as Mr. S.K. Sood, learned counsel for the respondent, and have also gone through the record.

(3.) The prosecution case is that the police party, headed by SI/SHO Daya Sagar (PW7), consisting of HC Tain Singh (PW1), HHC Raj Kumar (PW2) and C. Bhup Singh had left the Police Station, Ani, at about 8.40 AM for patrolling and traffic checking towards Shamshar etc. after recording DDR No. 5 dated 26.11.2006 (Ext.PX). This police party, at about 10 AM, while patrolling at Shamshar curve (moad), noticed a person coming from Kandu Gadd towards Ani having a plastic bag in his hand, who, on noticing the police party, became perplexed, which caused suspicion leading to inquiry about his name and address and thereafter search of his bag was conducted after giving him notice under Section 50 of NDPS Act, Ext.PW1/A, whereupon charas weighing 1 Kg. 500 grams was recovered from the bag carried by him, out of which two samples of 25 grams each were taken and thereafter entire bulk and two samples were sealed in different packets with seal impression 'K' and were taken in possession vide memo Ext.PW1/C. Entire search and seizure proceedings were witnessed by PW1 Tain Sigh and PW Bhup Singh (not examined). Copy of memo was also supplied to the respondent/accused under his signatures and NCB form Ext.PW7/A was filled in, in triplicate, specimen seal impression Ext.PW1/F was also taken on NCB Form and separate piece of cloth. After completing the search and seizure proceedings, rukka Ext.PW6/A was prepared by PW7 Daya Sagar and was sent to the Police Station through PW2 HHC Raj Kumar for registration of FIR, who had handed over it to PW6 MHC Lal Singh, whereupon PW6 Lal Singh had registered FIR Ext.PW6/B and handed over the copy thereof along with case file to PW2 Raj Kumar for giving it to PW7 Daya Sagar. PW7 Investigating Officer had recorded the statements of witnesses and prepared the site plan Ext.PW7/B and had arrested the respondent giving information about his arrest to his brother Karamvir as per memo Ext.PW1/D, as desired by the respondent/accused.