STATE OF HIMACHAL PRADESH Vs. JAGDISH KUMAR

JUDGEMENT

(1.) The present appeal is preferred by the appellant/State, under section 378 of the Code of Criminal Procedure, 1973 assailing the judgment of acquittal, dated 20.1.2009, passed by the learned Special Judge (Fast Tack Court), Kullu, District Kullu, H.P., in Sessions Trial No.20 of 2008, whereby the accused has been acquitted of the charges framed against him under Section 20 of the Narcotic Drugs and Psychotropic Substances Act,1985 (hereinafter referred to as 'the Act').

(2.) Succinctly, the facts giving rise to the present appeal, as per the prosecution story, are that on 08.11.2006, at 2.15 a.m., ASI, Lal Chand along-with HHC, Uttam Singh, C. Rajeev Kumar, LC, Som Lata and LC, Harash Lata was on patrol duty in Van Vihar Forest, Manali. Police Party was on its way towards Beas river-bed. One person, who had concealed himself behind the stone on being seen by the police party, he was apprehended on suspicion. On inquiry, he disclosed his name to be Jagdish Kumar, resident of near Gandhara Hotel, Manali. It was suspected that the accused might be in possession of contraband. It has been alleged that the accused was apprised about his legal right to be searched in the presence of a Magistrate or Gazetted Officer, on which, he consented to be searched by the police present on the spot. ASI, Lal Chand gave his personal search to the accused and memo was prepared in this behalf. Thereafter, the accused was subjected to personal search by ASI, Lal Chand in the presence of witnesses HHC, Uttam Singh and C. Rajeev Kumar. During the course of personal search of the accused, one newspaper 'Himalaya Kesri' was recovered from the pocket of his pants in which one polythene envelope had been wrapped in which Charas had been kept in the shape of sticks. The recovered Charas was weighed on the spot and it was found to be 145 grams. Two samples of Charas, 20 grams each, were separated from the recovered Charas and were sealed in separate parcels. The remaining Charas was put back in the same polythene envelope and said polythene envelope containing Charas was wrapped in the same newspaper and was sealed in a separate parcel. Three seal impressions of 'T' were affixed on each parcel. Samples of seal 'T' were also obtained separately. NCB-I was filled in triplicate on the spot. It has been alleged that the seal after use was handed over to HHC Uttam Singh. Search and seizure memo was prepared, which was signed by the accused and witnesses HHC, Uttam Singh and C. Rajeev Kumar. It has also been alleged that copy of search and seizure memo was supplied to the accused free of cost.

(3.) It has also been alleged that a rukka was prepared on the spot by ASI, Lal Chand, which was handed over to HHC Uttam Singh with a direction to take the same to Police Station, Manali. HHC Uttam Singh handed over the rukka to Sub Inspector, Rup Singh at Police Station, Manali, on which, FIR was registered. Sub Inspector, Rup Singh prepared the case file and handed over the same to HHC Uttam Singh, who came to the spot and handed over the case file to ASI, Lal Chand. It has been alleged that the accused was apprised by ASI, Lal Chand about the commission of offence and punishment prescribed under the Act and arrest memo was prepared. ASI, Lal Chand went to the Police Station, Manali, along-with the accused and the case property. The case property was produced before SI, Rup Singh for the purpose of its resealing, which was resealed by said Rup Singh. He prepared samples of seal impression 'H'. Thereafter, he also deposited the case property with MHC, Pinki in the Police Malkhana at Manali in intact position.