STATE OF HIMACHAL PRADESH Vs. RAM SINGH

JUDGEMENT

(1.) By way of this appeal, State has challenged the judgment passed by the Court of learned Special Judge (II), Kinnaur at Rampur, in case RBT No. 10-AR/3 of 2008/2011 dated 05.09.2011, vide which, learned trial Court has acquitted the accused for commission of offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985

(2.) The case of the prosecution was that on 21.04.2008, a police party headed by HC Pune Ram and comprising of HHC Kashmi Ram, HHC Santosh Kumar and Constable Ishwari Ram, were present at Dogla Nullah in connection with Naka Bandi and general patrol duty. At around 6.45 A.M., one HRTC bus stopped 100 meters behind Dogla Nullah from which the accused got down. Thereafter, he started coming on foot towards Nagaan. When he saw the police party, he tried to escape, but he was apprehended by the police officials. On suspicion, that the said person (hereinafter referred to as the accused) was in possession of some narcotic substance, HC Pune Ram PW-9 obtained option of the accused as per the provision of Section 50 of the NDPS Act and thereafter, he conducted search of the bag of the accused and recovered 800 grams opium from the same. Two samples each weighing 25 grams were separated and the samples as well as bulk were converted into three separate parcels which were sealed with seal impression 'T'. NCB form was filled in triplicate and sample of seal was drawn and seal was handed over to PW-6 Kashmi Ram. Vide seizure Memo Ext. PW6/D, case property was also taken into possession. Rukka Ext. PW2/A was drawn and sent to the Police Station on the basis of which FIR Ext. PW2/B was reregistered. Case property was presented before PW-1 Rajinder Singh who resealed the same with seal impression 'X' and the same was thereafter deposited in the Malkhana. Special report was prepared on 22.04.2008 by HC Pune Ram and the same was sent to SDPO, Ani. On 23.04.2008 PW-1 HC Rajinder Singh sent one part of sample to FSL, Kandaghat and Chemical Examiner vide report Ext. PA opined that the contents of the sample were that of opium.

(3.) After completion of investigation, challan was filed and as a prima facie case was found as against the accused, accordingly he was charged for commission of offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, to which he pleaded not guilty and claimed trial.