ISHWAR DASS Vs. STATE OF H. P.

JUDGEMENT

(1.) The instant appeal is directed against the judgment rendered, on 07.08.2018, by the learned Special Judge-II, Kullu, Himachal Pradesh, upon, Sessions Trial No. 50 of 2016, and, wherethrough(s), the accused became convicted, for, commission, of, an offence punishable 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.) Brief facts of the case, are, that on 24.05.2016, PW8, ASI Ram Lal, Investigator along with other police officials, was at Dalasani in connection with Nakabandi duty in a Govt. Vehicle bearing No. HP-34-A-9984. In the meantime, at about 4.00 a.m., the accused was noticed coming on foot from Panarsa towards Hurla. It is alleged that the accused, on seeing police party and vehicle on the spot, turned back, and, PW-8 ASI Ram Lal, noticed the accused with the help of search light. The accused, who was carrying a green coloured carry bag in his right hand, threw it downwards the road, and, tried to flee away from the spot. On suspicion, PW-8 ASI Ram Lal along with other police officials apprehended the accused at a distance of 10-15 foot steps. The accused was inquired about his fleeing from the spot, but he could not give satisfactory answer. Since, the place was secluded and isolated and it was dark, at that time, PW-8 ASI Ram Lal waited for some independent witnesses for 10-15 minutes, but none was available. Even PW-8 ASI Ram Lal also sent PW-7 LHC Manoj Kumar towards Dalasani side in search of independent witnesses, but he came back after 10-15 minutes and disclosed that no independent witness was available and as such, PW-8 ASI Ram Lal associated PW-7 LHC Manoj Kumar and HC Mukesh Kumar. It is alleged that in the presence of the said witnesses the accused disclosed his name as Ishwar Dass. Thereafter PW-8 ASI Ram Lal along with other police officials gave their personal search to the accused vide memo Ex.PW8/A, but nothing incriminating was found. Thereafter bag, which was tied with a knot was checked and searched. On opening the same, a black coloured substance having stick shape, and, wrapped in polythene wrappers was recovered, which was found to be charas/cannabis. The recovered substance was weighed on electronic scale and found to be 1.400 kgs. Thereafter it was put inside a cloth parcel, which was sealed with nine seal impressions of "M" and facsimile of seal "M" was taken on separate pieces of cloth. PW-8 ASI Ram Lal filled up relevant columns of NCB-1 in triplicate, NCB form whereof is embodied in Ext.PW5/C, and, the recovered charas along with NCB form and sample of seal were taken into possession vide memo Ex.PW7/B. The copy of memo was given to the accused. PW-8 ASI Ram Lal prepared ruqua Ex.PW7/C and sent the same to police station Bhutar through PW-7 LHC Manoj Kumar, on the basis of which FIR Ex.PW8/B was registered in Police Station Bhutar by SHO Ajay Kumar, and, endorsement on ruqua is Ex.PW8/C. PW-8 ASI Ram Lal prepared spot map, Ex.PW8/D and recorded the statements of the witnesses and case file was handed over by PW-7 LHC Manoj Kumar to Investigating Officer on the spot and Investigating Officer ASI Ram Lal arrested the accused vide arrest memo Ex.PW8/D. PW-8 ASI Ram Lal also prepared memo Ex.PW7/E regarding his search under Section 51 of the Cr.P.C. PW-8 ASI Ram Lal prepared special report Ex.PW6/A, and, handed over the same to Addl.S.P., Kullu, who after making his endorsement on the same, handed over the same to PW-6 HC Nirat Singh,a nd, PW-6 H.C Nirat Singh entered the same in the relevant register, the copy whereof is Ex.PW6/B. Thereafter PW-8 ASI Ram Lal along with other police officials came back to Police Station Bhuntar along with case property and the accused, and, produced the case property, and, the accused before SHO Ajay Kumar, who resealed the case property with four seal impressions of "O" and facsimile of seal "O" was taken on separate piece of cloth, which are Ex.PW9/A. PW-9 Insp./SHO Ajay Kumar also filled up columns No.9 to 11 of NCB-1 in triplicate, Ex.PW5/C handed over the case property alongwith relevant documents and sample seals to PW-5 MHC Ram Krishan, who entered, the same in the Malkhana register. It is alleged that on 25.5.2016 PW-5 MHC Ram Krishan after filling the relevant columns of NCB-I in triplicate vide RC Ex.PW5/B, sent the case property alongwith relevant documents to FSL, Junga through PW-2 HHC Janesh Kumar, who on his return handed over the receipt to MHC. PW-4 Annu Thakur had brought the case property back alongwith result Ex.PW8/G and handed over the same to PW-5 MHC Ram Krishan, who made its entry in the register concerned. On 01.07.2016, vide rapat Ex.PW1/E, the case property was produced before the court of learned Chief Judicial Magistrate, Kullu, for conducting proceedings under Section 52A of the NDPS Act, and, after conducting the same proceedings, the case property along sample seal of "CJM", Ex./PW5/D was handed over to PW-5 MHC Ram Krishan, and, the learned Chief Judicial Magistrate, Kullu, issued certificate Ext. PW8/F in this regard. The contraband was subjected to chemical examination, and, on receipt of report of SFSL, Ex.PW8/G, the recovered substance was opined therein to be cannabis and sample of charas.

(3.) The accused was charged for committing, an, offence punishable, under Section 20, of, the ND & PS Act. In proof of the prosecution case, the prosecution examined ten 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.