SHAMI KAUSHAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 9.7.2008 passed by the learned Special Judge, Fast Track Court, Solan in case No. IFTC/7 of 2008 whereby the appellant has been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 15,000/- under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. In default of payment of fine, he has been ordered to undergo imprisonment (rigorous) for one year.

(2.) Case of the prosecution, in a nutshell, is that Inspector Ramesh Sharma (PW-9) accompanied by ASI Ashok Rana (PW-10), HC Mansa Ram, HC Hardev, Constables Dinesh and Sanjeev was on patrolling duty and when the patrolling party reached near M.C. Complex, Circular Road, Solan saw one person, who on seeing the police party, got frightened and entered into the shop. He was apprehended. He disclosed his name as Shami Kaushal, Shopkeeper of Shop No. 156, Circular Road, Solan. The police associated two witnesses Amul Kumar (PW-2) and Het Ram (PW-7). The accused was informed if he desired he could be searched in the presence of a Magistrate or Gazetted Officer. A memo was prepared and thereafter accused Shami Kaushal consented to be searched by the PW-10. His search was carried out in the presence of witnesses. One purse was found in right side pocket of his pants on the back side and in the purse one pocket diary blue in colour alongwith visiting card, PAN card, two aluminium foils were also found. In the pages of the diary, four polythene packets were found containing brown powder. The packets so recovered were mixed and two packets were prepared and weighed. One packet weighed 6.21 grams and another packet weighed 5.16 grams. Thus, 11.37 grams heroin/smack was found. The packets were put in cloth parcels and sealed with three seal impressions ?A?. The other articles recovered were also put in a packet and the same were sealed likewise. Samples of seal were separately taken on three cloth pieces and the seal after use was handed over to witness Het Ram (PW-7) after putting the facsimile impression on NCR-1 form, which was also filled on the spot. The recovered contraband taken into possession vide memo Ex.PW-1/D also bore the signatures of witness Het Ram (PW-7) and Amul Kumar (PW-2) as well as the signatures of accused Shami Kaushal. The rukka Ex.PW-1/E was prepared on the spot and it was sent to police station for registration of case through constable Dinesh Kumar (PW-1). PW-9 Ramesh prepared the inventory list Ex.PW-9/A and the documents as detailed in the inventory were handed over to the Investigation Officer. PW-9 filled Ex.PW-9/B i.e. NCR-1 form. He deposited the case property with MHC Sunil Kumar (PW-4) Incharge Malkhana alongwith Ex.PW-9/B in triplicate sample of seal. The sample was sent to FSL on 16.11.2007 by MHC. The FLS report is Ex.PW-9/C. Thereafter the challan was put up after completing all the codal formalities.

(3.) Prosecution examined as many as ten witnesses in support of charge. The accused was examined under Section 313 of the Code of Criminal Procedure. His defence is of simplicitor denial. The learned trial court convicted and sentenced the appellant, as noticed hereinabove.