JEEWAN KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) The instant appeal is directed against the judgment rendered, on 25.07.2013, by the learned Special Judge(1), Una, District Una, H.P., upon, Sessions case No. 03 OF 2012,, and, wherethrough(s), the accused/appellant herein became convicted, for, a charge, drawn under Sections 15(c), of, the Narcotic and Psychotropic Substances Act, and, also consequent therewith sentence of rigorous imprisonment, extending, for a period of 12 years, and, also a fine of Rs. 1,00,000/- became imposed, upon him, and, in default, of, payment of fine, he stood further sentenced to undergo rigorous imprisonment, for, a period of one year.

(2.) Brief facts of the case, are, that on 28.01.2012 at about 5.00 p.m., a police party headed by SI Harjeet Singh went towards Santoshgarh-Jatpur side in connection with patrolling and Excise raid duty on his personal car along with other police officials. When the police party reached at Jatpur, at about 5.00 p.m., then PSI Nishant Kumar, and, C. Jarnail Singh met the patrolling party, who had already laid Nakka as per the instruction of the SHO Police Station, Haroli. The police party checked four light vehicles, two motorcycles and in the meantime, one truck came from Santoshgarh side having registration No. HP-12D-5137. HC gave signal to truck driver to stop the truck but the driver did not stop the truck and fled away from that place. The police party chased the truck on a private car and blocked the road of the truck by coming in front of the truck at about 200 meters away from the Nakka. The moment truck stopped then one person jumped from conductor seat side and ran towards the fields. PSI Nishant and HC Vipan Kumar chased the person who fled away from the spot but they failed to apprehend him as that man boarded a maruti car No. HP-19-4500 already parked there. The truck driver disclosed his name as Jeewan Kumar and also disclosed the name of the person who fled away from the truck as Sanju. He also disclosed the name of the driver of the maruti car as Rohit, a resident of Rajasthan, who was escorting the truck. The police party checked the body of the truck by lifting the tarpaulin sheet and found white plastic bags in it. The bags were brought down and on the physical verification; the SI came to know that the accused were transporting poppy husk/straw in the truck. The 23 plastic bags containing poppy husk were weighed by the help of electronic scale. The total poppy husk in total 23 bags found to be 6 qunital 82 kg. 550 gms. The poppy husk plastic bags were sewed with the help of a needle and thereafter the plastic bags were sealed with five seals of seal impression "T" each. SI Harjeet Singh filled up NCB-1 form in triplicate and also prepared sample seals on pieces of cloth. All 23 plastic bags were taken in possession in the presence of UP Pradhan Mohinder Mohan of Gram Panchayat, Chatarpur. The seal after use entrusted to PSI Nishant Kumar. The plastic bags, truck along with its documents, DL of Jeewan Kumar, and, the keys of truck were taken into possession. Recovery and seizure memo was signed by Rakesh Saini and Mohinder Mohan along with HC Albel Singh. The special information/grounds of belief under Section 42 were sent through C. Sanjay Kumar to Supervisory Officer. The SI also sent rukka through HC Santosh Kumar, on the basis of which FIR was registered and investigation started. The SI prepared site plan, recorded the statements of the witnesses under Section 161 of the Cr.P.C., and, formally arrested accused Jeewan Kumar at 11.40 p.m. The case property and the custody of accused were handed over to officiating SHO, PS, Haroli. The officiating SHO resealed all 23 plastic sacks with five seals each of seal impression "N". All 23 bags were sent to FSL, Junga through C. Sanjay on 31.01.2012 but the case property was returned by the FSL with the objection to send homogeneous representative samples. The case property was produced before JMIC(2), Una. The 23 samples of 500 grams each from each plastic bag were drawn and sealed with four seals each of the Court. The sample parcels were marked as P-1 to P-23. The sample parcels were sent to FSL, Junga on 9th Feb., 2012, through C. Virender Kumar and HC Santosh Kumar. The special report under Section 57 of the Act was also sent to S.P., Una. During the investigation, the police came to know that accused Rohit alias Udey and accused Sanju fled away on car No. HP-19A-4500, and, that car was owned by Satish Kumar son of Naseeb Chand resident of Arniala (Una). Satish Kumar sold that car to Udey alias |Rohit by executing affidavits. During the investigation, police came to know that Udey Lal alias Rohit was escorting the truck on the fateful day. He on seeing the police stopping the truck, fled away to Rajasthan via Garshnakar. The said Udey alias Rohit was declared proclaimed offender, however, he was was arrested at Ludhiana on 16.09.2012 in ND & PS case and on the basis of production warrant he was produced before the court on 29.10.2012. During the police remand, Udey Lal alias Rohit disclosed to the police that he was escorting the truck No. HP-12D-5137. He further disclosed to the police that he does not know any Sanju. He further disclosed to the police that the car No. HP-19-4500 has been damaged in a road side accident and the same has been purchased by some junk dealer. He has duly identified the spot wherefrom he fled away with his car on 28.01.2012.

(3.) The accused/appellant herein was charged for committing, an, offence punishable, under Sections 15, of, the ND & PS Act. In proof of the prosecution case, the prosecution examined 21 witnesses. On conclusion of recording, of, prosecution evidence, the statement of the accused, under, Section 313 Cr.P.C. was recorded, by the trial Court, wherein, he claimed false implication.