STATE OF HIMACHAL PRADESH Vs. DIN MOHAMMED

JUDGEMENT

(1.) STATE has appealed against the judgment dated 4.1.2008 of the learned Special Judge, Chamba Division, Chamba, Himachal Pradesh, passed in Sessions Trial No. 24 of 2007, titled as State v. Din Mohammed, challenging the acquittal of respondent Din Mohammed (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) IT is the case of prosecution that on 7.1.2007, police party, comprising of ASI Onkar Singh, ASI Amar Singh (PW -8), HC Bhupinder, HC Dev Raj, Constable Chaman (PW -1), Constable Prabhat (PW -14), HHC Budhi Singh (PW -2), Constable Yaqub Mohammed and headed by Inspector Jatinder Kumar (PW -11), had set up a Naaka at Koti Chowk. At 12.15 p.m., they saw the accused coming from Sundla side, carrying a bag on his shoulder. Seeing the police party, accused turned back and tried to flee away. However, he was nabbed by Jatinder Kumar. On suspicion, the bag was searched, from which Charas, wrapped in a lion cloth, was recovered. Prabhat Kumar (PW -14) brought weights and scale from the shop of Sanjiv Kumar (PW -13). Upon weighment, Charas was found to be 1.5 kgs. Two samples, each weighing 25 grams, were drawn and sealed with seal of seal impression 'A'. The remaining bulk Charas was also sealed with the same seal impression. Search and seizure operations were carried out in the presence of independent witnesses, namely Pappu (PW -9) and Raman Kumar (PW -12). Original seal was handed over to Raman Kumar. Chaman Lal (PW -1) carried Rukka, on the basis of which FIR No. 12/07, dated 7.1.2007 (Ex. PW -6/A), for offence under the provisions of Section 20 of the Act, was registered at Police Station, Sadar, District Chamba, Himachal Pradesh. With the completion of proceedings on the spot, accused was arrested. The contraband substance was produced before ASI Mehar Singh (PW -7), who resealed the same with his seal of seal impression 'B'. Thereafter, the case property was entrusted to MHC Ramesh Chand (PW -6), who deposited the same in the Malkhana, after making entry in the Malkhana register. Madan Lal (PW -10) took the sample for analysis to the Forensic Science Laboratory and report (Ex. PW -11/H) was obtained by the police. With the completion of investigation, which, prima facie, revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as 14 witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he took plea of innocence and false implication.