CHAMAN LAL Vs. STATE OF H P

JUDGEMENT

(1.) The present criminal appeal has been preferred by the appellant-convict, under Section 374 of the Code of Criminal Procedure against the judgment dated 6.6.2008 passed by learned Special Judge, Mandi in Sessions trial case No. 10/2007, for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances, Act. (in short 'NDPS Act'), in reference to FIR No. 482/06 dated 8.11.2006 at Police station Sadar, Mandi, HP, thereby convicting and sentencing the accused for 10 years and to pay a fine of Rs. 1 lakh. In case of default in payment of the fine, accused shall further undergo imprisonment for three months.

(2.) In order to adjudicate the present criminal appeal, it is necessary to give the factual background of the case. ASI Abhimanyu (PW-11) along with HC Prem Pal, HC Karam Chand, constable Vidya Sagar (PW-5) constable Suresh Kumar (PW-9), constable Baldev Lal and HHC Padam Singh were present at Kataula Road near bus stand Nandli, PS Sadar in connection with patrolling and Naka duty. At about 12.30 PM on 8.11.2005, police party noticed a person standing outside the shop carrying a bag in his right hand. The said person, on seeing the police, tried to escape toward a Galli. However, Naginder (PW-8) and Rajinder Pal (PW-7), standing there in that area, joined the police and chased and nabbed the accused and on inquiry, he disclosed his name as Chaman Lal and on suspicion that he was carrying contraband, an option was given, apprizing him that he has a right to be searched from the Magistrate or Gazetted Officer. However, the accused agreed for his search by the police party. On search, a bag Ex P-4, carried by him, was containing Charas Ex P-5 in the shape of sticks and Chapatis. After recovery, charges was weighed and found to be 2 Kgs. I.O separated two samples of 25 grams each from bulk Charas and put them in parcels Ex P-2 and Ex P-3 and sealed them with seal 'T' at six places. The remaining Charas was put in the same carry bag Ex P-4 and the same was sealed in the parcel with seal 'T'. The specimen of seal 'T' was obtained on piece of cloth Ex PR. I.O. also put specimen of seal 'T' on NCB form Ex PF, which he prepared on the spot and recovered Charas was taken into possession vide memo Ex PQ and the signatures of Rajinder Pal (PW-7) and Naginder PW-8 were obtained on the parcels Ex P-1 to P-3. The seal after use was handed over to Rajinder Pal (PW-7). The accused was arrested and he was charged for the offence under Section 20 of NDPS Act. The case property was deposited along with specimen seal 'T' and 'U' and NCB form etc. to MHC Nand Lal (PW-3), who entered the same in the Malkhana register, Ex PC. Out of two samples parcels Mark B-1 and Mark B-2, one sample Mark B-1 was sent to the CFSL, Chandigarh through Amar Singh (PW-10) constable vide RC No. 212/06 along with sample seal T and U and copy of RC Ex PD. The said constable on back journey deposited the receipt with the MHC. The report of the Chemical Examiner is Ex PE. Inspection Rajesh Kumar prepared Special report Ex PA and sent the same through lady constable Shakuntla (PW-1) on 9.11.2006 which she delivered to Kishan Chand HC on the same day at 11.25 AM. HC Luder Singh (PW-2) was working at the relevant time as Reader to Dy. SP Mandi who has entered the Special report at serial No. 50 of the register on 11.2.206.

(3.) In order to prove its case, prosecution has examined as many as 11 prosecution witnesses, whereas in his statement under Section 313 Cr.PC, accused person has denied the prosecution case.