STATE OF HIMACHAL PRADESH Vs. DIPENDER SHARMA

JUDGEMENT

(1.) State has appealed against the judgment dated 10.7.2007 of the learned Sessions Judge, Solan, Himachal Pradesh, passed in Sessions Trial No.5-S/7 of 2006, titled as State v. Dipender Sharma, challenging the acquittal of respondent Dipender Sharma (hereinafter referred to as the accused), who stands charged for having committed offence punishable under the provisions of Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) It is the case of prosecution that on 1.2.2006, SHO Gurdial Singh (PW-8) alongwith Constable Amarjeet Singh (PW-3) and HC Sewa Singh (not examined), was present at Bus Stand, Parwanoo, on patrol duty. At 5.30 p.m., they received secret information that one person, who is indulging in illicit trade of Charas, is coming on a scooter bearing No.HP-12-7035 towards Parwanoo. Gurdial Singh associated two independent witnesses, namely Rama Kant Giri (PW-4) and Rajinder Bharti (not examined). He recorded reasons of belief (Ex. PW-6/A) and forwarded the same through Constable Amarjeet Singh to the SDPO, Parwanoo. Thereafter, he set up a naka. At about 6.30 a.m., accused came on a scooter and disclosed his name as Dipender Sharma. On suspicion that he may be possessing Charas, his personal search was carried out, after obtaining his consent. Though nothing was recovered from the person of accused, but however, from the dickey of the scooter, an envelope containing Charas was recovered. Amarjeet Singh (PW-3) brought weighing scale. Upon weighment, contraband substance was found to be 400 grams. Two samples, each weighing 50 grams, were drawn and sealed. The samples were marked as S1 & S2 and bulk charas was marked as P-1. The same were sealed with seal impression 'S'. Seal after use was handed over to Rama Kant Giri (PW-4). NCB forms (Ex. PW-8/G & 8/H) were filled up. Case property was taken into possession vide memo (Ex. PW-3/C). From the dickey of the scooter, Insurance Policy, Nakal Rapat (Ex. PW-8/B and 8/C) were also recovered. Amarjeet Singh (PW-3), who had returned on the spot, took ruka (Ex.PW-1/A) to Police Station, Parwanoo, where FIR No.13/06, dated 1.2.2006 (Ex. PW-1/B), under the provisions of Section 20 of the Act, was registered. Gurdial Singh handed over the case property alongwith the NCB forms to the MHC Paramjeet Singh (PW-1). Sample (S-1) was sent to the Forensic Science Laboratory through Constable Dharam Singh (PW-2). Report (Ex. PX) of the FSL was obtained by the police. Investigation revealed complicity of the accused in the alleged crime. Hence, challan was presented in the Court for trial.

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