JAWAHAR LAL Vs. STATE OF H. P.

JUDGEMENT

(1.) The aggrieved convict/appellant herein, through, the extant appeal strives, to, cast an onslaught, vis-a-vis, the verdict of conviction, made, on 17.11.2017, by the learned Special Judge-III, Solan, District Solan, H.P., upon, Sessions Trial No. 10 ASJ-II/7 of 2016, and, wherethrough(s), the accused/appellant herein became convicted, for, a charge, drawn under Section 20, of, the Narcotic and Psychotropic Substances Act, and, also consequent therewith sentence of rigorous imprisonment, extending, for a period of 10 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.) Through, recovery memo, of, 30.01.2016, as, borne in Ex.PW1/B, parcel Ex.P-1, newspaper wrappers, Ex.P-2 & P-3, charas, Ex.P-4, hence, weighing commercial quantity thereof, and, as, kept inside a micron bag, Ex.P-5, and, the latter kept within Pithoo bag, Ex.P-6, all became recovered, and, also therethroughs hence became seized by the Investigating Officer concerned, at the site of occurrence, as, embodied in Ex.PW13/B. The ownership, of, all the afore items, is, attributed to the accused. The signature(s) of the accused, and, of the apposite marginal witnesses, all occur, on Ex.PW1/B. At the site of occurrence, the Investigating Officer concerned, also drew NCB form, embodied in Ex.PW11/B, wherein, a communication occurs, vis-a-vis, three seal impressions, each carrying English Alphabet, of, description 'M', being embossed, upon, cloth parcel Ex. P-1. Moreover, upon, a perusal of Ex.PW11/B, it becomes apparent, vis-a-vis, the SHO concerned, upon, receving Ex.P-1, at the police station concerned, his thereat also embossing three reseal, seal impression(s), each carrying English Alphabet description,'L', hence upon, Ex.P-1. The seizure, as, made through Ex.PW1/B, of the afore case property, carries compatibility(ies) appertaining, to, descriptions qua therewith(s), as, made at the site of occurrence by the Investigating Officer concerned, and, as become carried in the NCB form, Ex.PW11/B. All the apposite description(s), occurring on the seals embossed, on, Ex. P-1, and, upon seizure memo, Ex.PW1/B, and, also upon NCB form , embodied in Ex.PW11/B, rather reveal their inter se tallying(s) and, besides underline complete tallying(s) hence with the descriptions, as, made, in the Malkhana Register, vis-a-vis, the case property, by the Incharge, of, the Malkhana, of, the Police station concerned, (a) inasmuch as, the afore tallyings are manifest, on a reading of the Ex.PW5/A, exhibit whereof, is, an abstract of the Malkhana, as, became tendered into evidence by PW-5, HHC Kanshi Ram. Ex.P-1 (Parcel), through road certificate, borne in Ex.PW 5/B, became transmitted to the FSL concerned, and, on a perusal, of, the report, made, thereon hence by the FSL, upon, its analysing the contents of Ex.P-4 (charas), sealed in cloth parcel, Ex.P-1, (b) unveil(s), vis-a-vis, all the afore initially made seal impressions, and, also the re-seal, seal impressions, hence embossed thereon(s), completely tallying with their descriptions, as occur, respectively in the seizure memo, borne in Ex.PW1/B, and, NCB form, borne in Ex.PW11/B. Ex.Px, the report of the FSL, underscores, vis-a-vis, the contents of Ex.P-4, after being analysed, being found to be, of, resin. After the Chemical Examiner at the FSL concerned, making examination, of, the contents, of, Ex.P-4 (charas), sealed in cloth parcel Ex. P-1, he has disclosed therein, vis-a-vis, his resealing Ex.P-1, with the seals, of, the FSL concerned. All the afore stated analogities, and, compatibilities hence appertaining to the number(s) of initially made seal impressions, and, re-seal, seal impressions rather, upon, Ex. P-1, and, each carrying English Alphabet(s), respectively, of, 'M', and, of, 'L', do exist, continuously from the apt seizure, of, the contraband, being made, at the site of occurrence, through Ex.PW1/B, and, upto the FSL making its opinion thereon, and, as become(s) unfolded, in its report, embodied in Ex.PX.

(3.) Dehors the above, the afore congruities, and, analogities, vis-a-vis, the number(s) of initially made seal impressions, upon, Ex.P-1, and, of re-seal, seal impressions made thereon, by the SHO concerned, at, the Police Station concerned, and, thereafter re-seal, seal impressions made thereon(s), by the FSL concerned, and, preceding wherewith the latter after making analyses, of, the contents of Ex.P-1, it re-enclosed, it, in the cloth parcel, Ex.P-1, (c) hence would not constrain this court to conclude, vis-a-vis, the charge framed against the accused, becoming firmly proven. Contrarily, the, imperative link, has to exist, even upon, the production, of, the case property in Court.