STATE OF J&P Vs. VISHAL KUMAR AND ANR.

JUDGEMENT

(1.) The present acquittal appeal filed by the State is against the decision of the learned Principal Sessions Judge, Samba, dated 30.09.2014 in File No. 10/Special Challan, which was instituted on 11.10.2010. The said case arises out of FIR No. 167/2010 registered at Police Station Samba on 01.08.2010 under Sections 8, 21 and 22 of the Narcotics Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as "the said Act").

(2.) The case of the prosecution was that, on 01.08.2010, Anil Kumar (Probationary Sub Inspector) along with other police personnel were on patrolling and checking duty at Palan Morh and were checking vehicles. In the course of checking vehicles, three persons were said to have disembarked from one of the vehicles and on seeing the police party they tried to flee from the spot. The police party became suspicious and chased and apprehended them. On enquiry, the three persons disclosed their names as Vishal Kumar, Surjeet Kumar (the respondent Nos. 1 and 2 herein) and Ravi Kumar, who died after the presentation of the challan. It is alleged that upon personal search of Vishal Kumar, 5000 Pyremol Spasm capsules were allegedly recovered, and from the search of Surjeet Kumar, 250 Paravon Spas capsules were allegedly recovered from his possession. 52 Diazepam injections were said to have been recovered from the possession of Ravi Kumar, who has since died. The said capsules and injections were allegedly seized on the spot and samples of ten capsules each and three injections were taken for chemical examination and were said to have been sealed on the spot. It is the case of the prosecution that the samples were taken by Anil Kumar, PSI. The latter also sent a docket to the Police Station, Samba where upon FIR No. 167/2010 for commission of offences falling under Sections 8, 21 and 22 of the said Act was registered. The Investigation Officer - Samir Singh, ASI, came to the spot and started investigation. It is stated by the prosecution that statements of the witnesses under Section 161 Cr.P.C. were recorded and the seized documents were presented by PSI, Anil Kumar. The alleged contraband was allegedly sealed in packets, marked as 'A', 'B' and 'C'. It is also alleged that the same were also re-sealed on the next day by the Executive Magistrate, Samba, and thereafter sent to the Forensic Science Laboratory, Jammu, for chemical examination. Eventually, after completion of the investigation, the challan was presented.

(3.) As mentioned above, after the presentation of the said challan, the accused Ravi Kumar died and as such, proceedings against him abated. The charge was framed by the trial Court on 16.04.2012 against the two respondents in respect of offences under Section 8, 21 and 22 of the said Act. Since they pleaded not guilty, trial ensued.