STATE OF HIMACHAL PRADESH Vs. BALAK RAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 17.9.1995 delivered by the learned Sessions Judge, Shimla in Sessions Trial No. 14 -S/7 of 1995 whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) THE prosecution case in brief is that on 2.12.1994 ASI - Ram Singh (PW -4) who was then posted in the C.I.A. branch had gone to apprehend some persons who were allegedly indulging in illicit Whether reports of Local Papers may be allowed to see the judgment? Yes. felling of trees. This witness was accompanied by HC - Kamal Dev, Constable Jagdev (PW -7) and Constable Yashpal. According to the police at about 3.00 p.m. when they were on the junction of Fagu - Cheog road one person was found coming from Cheog side. On seeing the police he tried to run away. This aroused the suspicion of the police party who apprehended him on the spot. They suspected that he may be carrying some contraband substance and therefore gave him an option of being searched. The person disclosed his name to be Balak Ram (accused) and consented to be searched by the police officials itself vide memo Ext. PW 1/A. According to the police the accused was carrying a bag on his shoulder and from this bag 1 k.g. and 900 grams of Charas was recovered. Out of this Charas two samples of 25 grams each were drawn and thereafter the bulk Charas and the two samples were packed in three separate parcels and sealed with seal - 'T '. The Charas was taken into possession vide memo Ext. PW 1/C. Rukka Ext. PW 3/A as well as the case property was sent to Police Station, Theog through Constable Jagdev (PW -7). The case property was kept in the Maalkhana at Theog and thereafter sent to C.T.L. Kandaghat through Constable Rajinder Singh (PW -2). Vide report Ext. PX of the chemical examiner the sample was found to be that of Charas. On this basis challan was filed against the accused. The learned trial Court acquitted the accused mainly on the ground that there had been non compliance of the mandatory provisions of Sections 42 and 50 of the Act. Some passing observations have also been made that the statements of the police officials do not inspire confidence but in fact the learned Trial Court has not really gone into the merits of the case.

(3.) COMING to the merits of the case we find that the only independent witness examined by the prosecution Sh. Ramesh Sharma (PW -1) has turned hostile. The law on the point is very clear. Even if the independent witnesses turn hostile the statements of police witnesses are as good as any other witness. However, they should be scrutinized with greater care and caution.