DES RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal has been preferred by convict Des Raj (hereinafter referred to as the appellant) against judgment dated 23.11.2016, passed by learned Special Judge-II, Chamba, District Chamba, H.P., in Sessions Trial Filing No.12/2013 (Computer Regd. No.55/2013), titled as State of Himachal Pradesh vs. Des Raj, in case FIR No. 66/2013 dated 23.03.2013, registered at Police Station Sadar, Chamba, District Chamba, H.P., under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'), whereby appellant has been convicted under Section 20 of the NDPS Act and sentenced to undergo rigorous imprisonment for six years and to pay fine of Rs.25,000/- and in case of default of payment of fine, to further undergo simple imprisonment for six months.

(2.) Prosecution case is that on 23.03.2013, PW.12 HC Raghuveer Singh alongwith PW.13 HC Vijay Singh, PW.3 Constable Kuldeep Kumar and HHG Puran Chand (not examined) after entering their departure vide Rapat No.11 (Ex.PW.4/C) had left the Police Post, City, Chamba, for verification on spot with reference to Rapat Nos.21 and 22 dated 22.03.2013 (Ex.PW.4/A and Ex.PW.4/B) entered in Police Post, City, Chamba, related to a quarrel in Mohal Upper Julakhari in Chamba Town and while returning from the spot, at about 3.15 p.m., near rain shelter at Bharmaur Chowk, they found a person, having a carry bag in his hand, coming towards rain shelter, who, on noticing police party, had left Bharmaur road and diverted himself towards Pathankot road, causing the police party to have suspicion. Whereupon, PW.12 HC Raghuveer Singh, had overpowered him with the help of officials accompanying him. The said person, on inquiry, had disclosed his identity. On the spot, PW.1 Manoj Singh, who was Up-Pradhan of Gram Panchayat Mehla and PW.2 Pappu, servant in a shop, standing outside the shop of Balwant Singh, were associated in search and seizure procedure and in their presence carry bag of appellant was searched, wherein steel container of capacity of 2 kgs was found. On opening the same, it was found that there was layer of Desi Ghee and some portion of polythene bag, kept whereunder, was visible which was taken out wherein black sticks were found and on smelling and on the basis of experience, these sticks were identified as cannabis and thereafter, the same were weighed in the adjacent shop namely 'Suresh Seth General Store' on electronic weighing machine in presence of appellant and the recovered cannabis was found 650 grams. Thereafter, recovered contraband was again kept in the polythene envelopes and was put in the steel container alongwith Desi Ghee and the steel container was put in the carry bag and was sealed in a cloth by putting seal impression 'X' thereon and taken in possession vide memo Ex.PW.1/B. After filling in NCB form, in triplicate, facsimileing seal impression 'X' thereof and taking sample impression of seal 'X' on separate piece of cloth Ex.PW.1/C, Rukka (Ex.PW.3/A) was prepared by PW.12 HC Raghuveer Singh and sent to Police Station, Sadar through PW.3 Constable Kuldeep Kumar alongwith a copy thereof to be deliveed to the Superintendent of Police, Chamba, for information. Seizure memo (Ex.PW.1/B) and sample of seal Ex.PW.1/C were witnessed and signed by PW.1 Manoj Singh, PW.2 Pappu, PW.13 HC Vijay Singh as well as appellant Des Raj.

(3.) PW.3 Constable Kuldeep Kumar had delivered copy of Rukka in the office of Superintendent of Police, Chamba at 5.15 p.m. and delivered the original Rukka in the Police Station at 5.25 p.m. to PW.7 SI Bishamber Dass, who on the basis of Rukka, had registered FIR (Ex.PW.7/A) and after making endorsement (Ex.PW.7/B) in that respect on the Rukka, sent the case file through PW.3 Constable Kuldeep Kumar to PW.12 I.O./HC Raghuveer Singh, which was handed over to the Investigating Officer at 7.00 p.m.