SANJAY KAROL, J. - (1.)FOR an offence, which is alleged to have been committed on 16.2.2002, accused was put to trial. In terms of judgment dated 5.6.2002 passed by Additional Sessions Judge, Solan, District Solan, H.P. in Sessions Trial No. 17 -S/7 of 2001, titled as State of H.P. vs. Karam Chand, accused stands acquitted of the charged offence.
(2.)AS per the case of the prosecution ASI Jagdish Ram (PW -9) alongwith C. Daya Ram, Paras Ram, C.Paramjit Singh (PW -3) were on patrol duty at Bus Stand, Parwanoo on 16.2.2001. At about 4.50 a.m. Bus bearing registration No. HP -06 -2084 was stopped and checked by them. Accused was found sitting on seat No.42. At that time he was carrying a bag with himself. The same was searched and a polythene bag containing contraband substance was recovered. Accused disclosed his name as Karam Chand. The bag was searched in the presence of Conductor Ved Parkash and driver Hem Raj (PW -1) of the Bus. PW -9 asked PW -3 to bring the scales for weighing the contraband substance from the nearby shop. Accordingly, PW -3 brought the same from the shop of Shri Narata Ram alias Dassu, who also accompanied him the spot. Contraband substance was weighed and found to be of 10 kg. 300 gms. Two samples of 50 gms. each were taken out by PW -9 in the presence of the Conductor, driver, shop owner and other police officials. The samples as well as the remaining contraband substance were packed separately and sealed with seal impression ?T? and recovery memo (Ext.PW -1/A) prepared on the spot. PW -9 also prepared NCRB form (Ext.PW -5/D). He also prepared Rukka (Ext.PW -5/B) and sent the same through PW -3 for registration of the case to Police Station, Parwanoo. Rukka carried by PW -3 was handed over to Inspector Parmod Sukla (PW -5), Station House Office, Police Station Parwanoo, who registered FIR No. 20 (Ext.PW -5/B) dated 16.2.2001, under Section 20 of Narcotic Drugs Psychotropic and Substances Act, 1985. Sub Inspector Brij Mohan (PW -8) accompanied PW -3 to the spot. Case property alongwith documents prepared at the spot were handed over by PW -3 to PW -5 alongwith NCRB form (Ext.PW -5/D). PW -4 carried the sealed sample handed over to him by PW -5 for depositing the same to CTL Laboratory, Kandaghat. However since the Laboratory was closed, contraband substance could not be deposited on the same day and as such PW -4 deposited the same with Shri Bhupender Kumar, MHC (PW -7) posted at Police Station, Kandaghat. On 17.2.2001 PW -7 handed over the case property to PW - 4 for depositing the same at CTL Laboratory, Kandaghat, and the same was deposited on the very same day. Report (Ext.PA) of the CTL Laboratory, Kandaghat was obtained by the police, which showed that the contraband substance was Charas.
With the completion of investigation, challan was presented in the Court for trial. Accused was charged for having committed an offence punishable under Section 20 of the Narcotic Drugs Psychotropic Substances Act, 1985 to which accused did not plead guilty and claimed trial.

(3.)IN order to prove its case, prosecution examined as many as nine witnesses and the statement of the accused under Section 313, Cr.P.C. was also recorded wherein accused pleaded false implication. No evidence in defence was led.