LAWS(HPH)-2015-8-50

STATE OF HIMACHAL PRADESH Vs. VIJAY KUMAR

Decided On August 26, 2015
STATE OF HIMACHAL PRADESH Appellant
V/S
VIJAY KUMAR Respondents

JUDGEMENT

(1.) ASSAILING the judgment dated 22.4.2008, passed by learned Special Judge -II, Mandi, H.P., in sessions Trial No. 19 of 2004, titled as State of Himachal Pradesh vs. Vijay Kumar, whereby respondent -accused stands acquitted, 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 29.3.2004, police party headed by Inspector N.K. Sharma (PW -11) comprising of SI Mast Ram, HC Jagdish Kumar (PW -12), HHC Mohan Lal, HC Ghamanda Ram, HHC Het Ram (PW -1) and HHC Tulsi Ram (PW -7) were on patrol duty at Kataula Road. Accused Vijay Kumar who was travelling in a three wheeler was found to be carrying contraband substance in a polythene bag, which upon weighment was found to be 350 grams. The same was seized by the police party in the presence of independent witnesses Rajesh Kumar (PW -2), Kuldip Singh (PW -3) and Som Raj (PW -4) vide memo (Ext. PW -2/A). NCB form (Ext. PW -11/A) in triplicate was filled on the spot. Ruka (Ext. PW -11/B) sent through HHC -Tulsi Ram (PW -7), led to registration of F.I.R. No. 120 of 2004, dated 29.3.2004 (Ext. PW -10/A), at Police Station Sadar, Distt. Mandi, against the accused under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). The case property was deposited at the maalkhana with Addl. MHC Baldev Singh (PW -6). Special report (Ext. PW9/A) was sent to the superior officer. HHC Het Ram (PW -1) carried the sample parcel to the C.T.L. Kandaghat and report (Ext. PX) taken on record 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 prove its case, in all, prosecution examined twelve witnesses and statement of the accused under Section 313 Cr.P.C. was also recorded, in which he took plea of innocence and false implication. In defence accused examined Shyam Lal (DW -1).