STATE OF HIMACHAL PRADESH Vs. KURBAN KHAN

JUDGEMENT

(1.) Present appeal is filed by the State under Section 378 of Code of Criminal Procedure 1973 against the judgment passed by learned Sessions-cum-Special Judge Solan under Narcotic Drugs and Psychotropic Substances Act in Sessions Trial No. 4-S/7 of 2006 titled State vs. Kurban Khan.

(2.) Brief facts of the case as alleged by prosecution are that on dated 11.11.2005 at about 4.05 PM in Guru Nanak restaurant at Dedgharat accused was found in conscious and exclusive possession of 4 Kg. 500 grams of poppy husk. It is alleged by prosecution that PW12 Het Ram HC CIA Staff Solan along with HC Hardev, C. Chhabil Kumar, C. Ajay Kumar and C. Rajesh Kumar on dated 11.11.2005 at about 3.55 PM were on patrolling duty at Kandaghat where they received a secret information that person in Guru Nanak restaurant at Dedgharat was selling poppy husk. It is further alleged by prosecution that on receipt of secret information reason of belief sent to S.P. Solan through C. Rajesh Kumar. It is further alleged by prosecution that thereafter PW12 HC Het Ram associated independent witnesses Dhian Singh and Gulshan Kumar PW11 and proceeded towards Dedgharat and reached Guru Nanak restaurant at about 4.30 PM. It is further alleged by prosecution that accused was standing on counter of restaurant. It is further alleged that thereafter accused was apprised about his right to be searched by a Magistrate or gazetted officer. It is alleged by prosecution that thereafter raiding party had given their personal search to the accused vide memo Ext.PW9/A. It is further alleged by prosecution that thereafter restaurant was searched in presence of witnesses and from the kitchen a tin was found concealed under a wooden plank containing a bag. It is further alleged by prosecution that in tin poppy husk measuring 4 Kg. 500 grams was kept. It is further alleged by prosecution that thereafter two samples of 500 grams each were taken out from the recovered poppy husk for sample purpose and were sealed with seal impression 'H'. It is also alleged by prosecution that NCB form also filled and thereafter seal after use was handed over to witness Dhian Singh. It is further alleged by prosecution that site plan Ext.PW12/E was prepared. It is further alleged that thereafter ruka Ext.PW9/C was sent to P.S. for registration of FIR Ext.PW10/A and thereafter grounds of arrest were prepared vide memo Ext.PW12/F. It is also alleged that thereafter case property along with NCB form and sample of seal deposited with Brij Lal. It is further alleged by prosecution that special report was prepared and sent to S.P. Solan regarding search and seizure and sample parcel with NCB form and seal impression sent to CTL Kandaghat through HHC Ramji Dass. It is alleged by prosecution that thereafter Chemical Examiner report Ext.PZ was obtained.

(3.) Learned trial Court framed charge against the accused under Section 15(b) of Narcotic Drugs and Psychotropic Substances Act. Accused did not plead guilty and claimed trial.