STATE OF HIMACHAL PRADESH Vs. KAHAN CHAND

JUDGEMENT

(1.) State has appealed against the judgment dated 6.1.2009, passed by learned Sessions Judge, Solan, Himachal Pradesh, in Case No. 5 -S/7 of 2008, titled as State of Himachal Pradesh v/s. Kahan Chand, challenging the acquittal of respondent Kahan Chand (hereinafter referred to as the accused), of the offence, punishable under the provisions of Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) It is the case of prosecution that on 24.3.2008, a police party, comprising of ASI Ram Chand (not examined), HC Hukan Singh (PW -3), Constables Yash Pal (PW -4), Kamal Kumar (not examined), HHG Jagdish Kumar (not examined) and headed by SI Baldev Singh (PW -12), was on patrol duty and was checking vehicles on National High Way in front of the gate of Police Station, Dharampur. At about 12.15 a.m. of the night intervening 23.3.2008/24.3.2008, a Bus (HRTC) bearing No. HP -03B -6309 was checked. The bus was being driven by Desh Raj (not examined) and Bhim Singh (PW -2) was the Conductor. During checking of the Bus, accused was found sitting on Seat No. 31, carrying a plastic bag on his knees. On checking, the plastic bag was found containing one packet duly packed with adhesive tape. The packet was opened, from which black coloured substance, which on smelling appeared to be Charas, was recovered. Accused was taken to the Police Station, where the contraband substance was weighed and found to be 2.750 kgs. Two samples, each weighing 25 grams, were drawn in the presence of independent witnesses Umesh Chand (PW -1) and Bhim Singh (PW -2). Samples as also the bulk Charas were made into separate parcels and sealed separately with four seals of seal impression 'B'. NCB form was filled up in triplicate. Original seal, after use, was handed over to Bhim Singh and with the registration of FIR No. 33 dated 24.3.2008 (Ex. PW 12/F), for commission of offence, punishable under the provisions of Sec. 20 of the Act, at Police Station, Dharampur, District Solan, Himachal Pradesh, the accused was arrested. Case property was entrusted to HC Praveen Kumar (PW -9), who sent the sealed sample to the Forensic Science Laboratory, for analysis, through Constable Rakesh Kumar (PW -7). Report of the FSL (Ex. PX) was obtained and with the completion of investigation, which revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) Accused was charged for having committed an offence punishable under the provisions of Sec. 20 of the Act, to which he did not plead guilty and claimed trial.