AMAN KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) All the criminal appeals arise from, a, common verdict recorded, on 31.08.2016, by the learned Special Judge (II), Shimla, H.P., upon Sessions Trial No. 25-S/7 of 2015, wherethrough, all the accused/convicts became convicted, for, a charge drawn, under, Sections 22 & 29 of Narcotic Drugs, and, Psychotropic Substances Act, 1985 (hereinafter for the sake of brevity referred to as "the NDPS Act"), and also, therethrough they became sentenced to undergo rigorous imprisonment, for, a term extending upto 10 years each, and also became sentenced to pay, fine borne in a, sum, of, rupees 1 lac each. Besides, upon, apposite defaults being made, vis-a-vis, the afore imposed fine amounts, upon, each of the convicts, thereupon they became further sentenced to undergo simple imprisonment extending upto a term of one year. Obviously, becoming aggrieved therefrom, and, hence they preferred thereagainst the extant appeals, and all the afore appeals, are, amenable for a common verdict, being recorded thereons.

(2.) Brief facts of the case, as emanating from the records, are that on 11.02.2015 Inspector Munish Chauhan alongwith ASI Mohinder, HC Inder, Constables Anoop, Gaurav and Kapil and HHG Tejinder was on routine patrol and traffic checking duty at Khalini. The afore police party also associated LHC Shanta from nearby Police Gumti (kiosk) at Khalini Chowk. Around 12:15 p.m., when the police party was ascending the stairs of Keonthal Guest House, they noticed a boy, who, on seeing the police party, fled and entered room No. 102 of Keonthal Guest House, Khalini. As the conduct of the boy was suspicious, police associated Sh. Kuldeep Kumar, attendant, of the afore Guest House and room No. 102 was opened. There were three boys inside the room and one of them, was the one, who, on seeing the police party, fled from the staircase. All the boys were baffled and on being inquired, they divulged their names as Atul, Rahul and Aman (accused-convicts). The police party, in presence of Sh. Kuldeep Singh, offered their personal search to the accused persons, through Fard Jamatalashi, Ext. PW-1/C. Thereafter, a thorough search of the room was conducted and from the eastern corner of the room, a rexine bag, black and khakhi in colour, having inscription 'Polo Sport', with two strings, was found. The accused persons, on being asked, admitted that the bag belongs to them. Subsequently, the bag was opened, and it was found stuffed with 104 corex vials, 100 ml each, and 4 packets Bonogesic injections, total 20 injections, 2 ml each. The accused persons could not produce any valid permit or license qua the afore psychotropic substance. During the process of completion of codal formalities, spot was photographed, exhibits whereof are PW-10/A-1 to PW-10/A-6. The bag was kept inside a plastic sack after tying with a string and sealed with a seal having impression 'M' of English alphabet. Facsimile seal, Ext. PW1/B was taken separately. NCB form, in triplicate, were filled in, one of which is Ext. PW-10/B and the seal impression was obtained on NCB form. Seal after its use was handed over to witness Sh. Kuldeep Singh. The afore recovered psychotropic substances, facsimile seal and NCB form were taken into possession through seizure memo Ext. PW-1/A in presence of the witnesses. Thereafter, rukka was sent to Police Station New Shimla through Constable Anoop. On the anvil of rukka, Ext. PW-3/A, FIR Ext. PW-6/A was registered and endorsement on the rukka qua registration of FIR is Ext. PW-6/B. A site plan, vis-a-vis, the place of occurrence, Ext. PW-10/C, was prepared. The abstract of the guest register Mark 'X' was procured and the statements of the witnesses were recorded. The statement of Sh. Kuldeep Singh is Ext. PW-10/D. The personal search of the accused persons was conducted through Fard Jamatalashi Ext. PW-1/E to PW-1/G. On 12.02.2015, special report, Ext. PW-5/A was sent to Deputy Superintendent of Police, Shimla, through Constable Pankaj. Investigating Officer, through letters, Ext. PW-8/A and PW-9/A, requested Drug Inspector for ascertaining the quantity of psychotropic substance in the afore recovered contraband and the Drug Inspector issued reports, Ext. PW-9/B and PW-9/C. The Certified Identity Protection Advisor (CIPA) certificate Ext. PW-10/F was issued by HC Nikka Ram. After receipt of the FSL report Ext. PW-10/E, Investigating Officer prepared final police report, which was presented in the Court and the accused were produced to face trial.

(3.) The accused were charged for committing offences punishable, under Section 22, and, under Section 29 of the NDPS Act. In proof of the prosecution case, the prosecution examined 11 witnesses. On conclusion of recording, of, prosecution evidence, the statements of the accused persons, under, Section 313 Cr.P.C. were recorded by the learned Trial Court, wherein, they claimed false implication. However, they did not lead any evidence in their defence.