SANJAY KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) The instant appeal is directed against the judgment rendered, on 30.5.2019, by the learned Special Judge, Chamba, Division Chamba (HP), upon, Sessions Trial No. 15 of 2017 and, where through(s), the appellant stands convicted, and, also stands sentenced to undergo rigorous imprisonment, for, a period of eleven years, and, to pay a fine of Rs. 1,10,000, and, in default of payment of fine, becomes sentenced to undergo simple imprisonment, for, a period of one year, for, the commission, of, offence(s) punishable under Section 20(b)(ii)(C), of, the Narcotic Drugs, and, Psychotropic Substances Act, 1985.

(2.) Brief facts of the case, are, that on 18.12.2016, HC Kuldeep Chand (PW-10), In charge Police Post Behloon Cantt, Police Station Dalhousie alongwith Constable Rajinder Kumar (PW-1), and, Constable Surinder Singh PW-2, was on patrolling, near MH Road Dalhousie Cantt, near JCO Mess, where, one person appeared, on footpath, from, the side of Surkhigala. On seeing the police, the aforesaid person became perplexed and started fleeing, on, the same footpath. He was nabbed by HC Kuldeep Chand at a distance of 15-20 feet. He was brought on road for inquiry. It is further alleged in the prosecution story that said person was holding a carry bag of blue colour in his right hand. At that time, two persons namely Anuj Bedi (PW-3) and Megh Nath were passing by on the road, who were associated by the Police in the investigation. It is further alleged that name and address of the appellant were ascertained. On suspicion, carry bag in possession of the accused/appellant was checked in the presence of Anuj Bedi, Megh Nath and Constable Rajinder Kumar. It was found to contain a transparent polythene envelope having black coloured substance in round and stick shapes. It is alleged by the prosecution that on the basis of smell and experience, police found the same to be charas, which on weighment, was found to be 1kg and 200 grams. The allegedly recovered charas was sealed and parceled into a parcel (Ext. P-1) sealed with six seal impressions of "DK" sample seal was drawn, NCB form in triplicate was filled in, seal impression was put thereon. Seal after use was alleged to have been handed over to Anuj Bedi. On completion of codal formalities, Rukka was sent through Constable Surinder Singh (PW-2) to Police Station, Dalhousie for registration of FIR, which was registered by Inspector Sunny Guleria (Ext. PW7/A). It is alleged that vide Ext. PW1/C, Fard Jamatalashi, personal search of accused was conducted. Case property was produced before Inspector Sunny Guleria, who resealed the same with seal impression "DK",who also filled in relevant columns of NCB form. He also retained specimen seal impressions (Ext. PW4/A) and handed over seal after its use to Constable Dharvinder (PW-4). Reseal memo was prepared and handed over case property to MHC Bhagwan Chand (PW-8), who deposited the articles in the Malkhana and made an entry at Sr.No. 147 vide Ext. PW8/A. Case property was sent to FSL Junga on 20.12.2016 through Constable Surinder Singh( PW-2) vide RC No. 126/2016 (Ext. PW8/B). As per report of FSL,11.67% w/w resin was found in the sample sent for analysis. The statements, of, the witnesses were recorded, and, on completion of investigation(s), a Challan was put in the Court, and, the accused was produced to face trial.

(3.) On an appraisal of evidence on record, the learned trial Court, recorded findings, of, conviction against the accused/appellant herein.