INDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) By this common judgment, two appeals, particulars of which are given in the heading hereof, are being disposed of, as both of them arise out of the same judgment of conviction and sentence, i.e. judgment dated 24th October, 2006, of the trial Court.

(2.) Appellants Inder Singh and Sanjay Kumar were sent up for trial, for an offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, by Banjar Police, on the following allegations. On 27th January, 2005, PW-11 SI Dorje Ram, SHO Police Station, Banjar, accompanied by ASI Harish Chander (PW-9), Constable Amar Singh (PW-8) and a few other police officials, namely ASI Lekh Ram, Constable Om Chand and Constable Krishan Chand, left Police Station, Banjar, at 9 p.m., for routine patrolling. He went towards Fagu Pul, a place at a distance of about 6 km from Banjar. There, he and the police officials accompanying him organized a Naka. At 10.30 p.m., a vehicle (TATA SPACIO), bearing registration No. HP01K- 0373, appeared from Banjar side. It was headed towards Aut, a place situated on the Manali-Chandigarh Highway. Vehicle was got stopped. PW-11 SI Dorje Ram went to the driver's side window. Its glass pane was already lowered. He felt strong smell of Charas, emerging from inside the vehicle. That aroused his suspicion. He informed the occupants of the vehicle, namely Sanjay Kumar, who was in driver's seat, and Inder Singh, who was occupying a seat parallel to that of the driver's, that he wanted to search the vehicle. One of the Constables, namely PW-8 Amar Singh, was deputed to nearby houses to bring independent local witnesses. He returned within 7-8 minutes and told that there was only one house located at a short distance and that in that house no adult male member was available. Soon thereafter a Utility Van bearing Registration No. HP-49-1314 appeared from Bali Chowki side. It was got stopped. There were two persons, including the driver, in that vehicle. They were PW-1 Sher Singh and PW-10 Mohar Singh. They were associated as witnesses and vehicle was searched.

(3.) During the course of search of the vehicle, it was felt that Charas had been concealed between the inner lining and the outer metallic sides of the doors. So, the inner linings of all the doors were pulled apart. Five paper bags, containing Charas, were recovered, after removing the lining of driver's side window. Similarly, five paper bags were recovered, after removing the inner lining of the window opposite the first window and five packets each were recovered on removal of the inner lining of the two back windows. Entire quantity of Charas was heaped up and weighed. It was 22 kg and 750 grams. Two samples, each weighing 25 grams, were separated and made into separate parcels, which were sealed with a seal that produced impression of English letter 'T'. Rest of the Charas was put back into the paper bags. Those paper bags were put into a gunny bag, which was available in the vehicle itself and then that gunny bag was made into a parcel of cloth, which too was sealed with the same seal, as the sample parcels. Seizure memo was prepared. Other necessary papers were also drawn. Report of search and seizure was prepared and sent to the Police Station for registration of the case. That report is Ex. PW-11/A. Case was formally registered, on the basis of this report, vide FIR Ex. PW-5/A, by PW-5 MHC Chaman Lal. Case property was deposited by PW-11 SI Dorje Ram with PW-5 MHC Chaman Lal. The latter sent one of the two samples to the Chemical Examiner, through PW-6 Constable Om Chand, the same day. PW-6 Om Chand deposited the sample parcel with the Chemical Laboratory, alongwith NCB form and specimen impression of the seal and the other papers on the next following day, i.e. 29th October, 2009. Chemical Examiner reported that sample contained resin of cannabis plant, to the extent of 32.79 per cent. On receipt of the report, both the appellants were challaned.