STATE OF HIMACHAL PRADESH Vs. SUBHASH CHAND

JUDGEMENT

(1.) ASSAILING the judgment dated 29.12.2007, passed by Special Judge, Fast Track Court, Kullu, H.P. in Sessions Trial No. 33 of 2006, titled as State of Himachal Pradesh Versus Subhash Chand, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 03.04.2006, Fateh Singh (P.W.2) and Gangbir Singh (P.W.3) alongwith police officials Sanjay Kumar and Ram Chand (both not examined) were on patrol duty towards Chheri nullah. At about 9.30 PM, they saw a vehicle coming from Fozal side. On signal, vehicle was stopped. Accused who was on the wheels, after stopping the vehicle, fled away from the spot. He was chased, but could not be apprehended. Inside the vehicle, police found 1.7 kgs of charas. Two samples of 25 grams each were drawn. Sample seal as also the bulk parcel were sealed with seal having impression 'A'. NCB form (Ex. PT) was filled up. Fateh Singh carried Rukka (Ex. PG) on the basis of which FIR No. 69 of 2006, dated 04.04.2006 (Ex. PQ) was registered at Police Station, Manali, District Kullu, H.P., under the provisions of Sections 20 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act). At the Police Station, Jagdish Chand (P.W.9) resealed case property, which was entrusted to MHC Naresh Kumar (P.W.8). Special report (Ex. PJ), so carried by Deepak Kumar (P.W.5) received by Dole Ram (P.W.4) in the office of Deputy Superintendent of Police, Manali. Report of Chemical analysis (Ex. PU) was obtained and taken on record. Investigation of the case was taken over by Lal Singh (P.W.10), who arrested the accused on 07.05.2006. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, Challan was presented by Lal Chand (P.W.11) in the Court for trial.

(3.) IN order to establish its case, in all, prosecution examined as many as eleven witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took the defence of false implication. No evidence in defence was led.