LAL CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal has been preferred by accused-convict-appellant Lal Chand against the judgment dated 25.3.2017, passed by learned Additional Sessions (Special) Judge, Kullu, District Kullu, Himachal Pradesh, in Sessions Trial No.38 of 2015, titled as State of Himachal Pradesh v. Lal Chand, whereby the accused has been convicted for having committed an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/-, and further to undergo simple imprisonment for a period of one year in case of default of payment of fine.

(2.) We have heard learned counsel for the accused, learned Additional Advocate General, and also gone through the record.

(3.) Prosecution case in brief is that a police party, headed by ASI Dinesh Kumar (PW-9), consisting of HHC Tikkam Ram (not examined), HHC Chet Ram (PW-8), had left Police Station, Sadar (Kullu) in official vehicle, bearing No.HP-34A-9986, being driven by Constable Karam Chand (not examined), for patrolling in the jurisdiction of Police Station, Sadar (Kullu), after making DD Entry No.7, dated 28.3.2015 at 4 a.m. (Ex.PW-5/A). At about 5.15 am, when police party was present near Raugi Nala, on the road from Kullu to Manali, a person, carrying a bag in his hand, was noticed coming on foot from Manali side to Kullu side, who, on noticing the police party, took about turn and started running towards Manali, whereupon he was chased and apprehended by ASI Dinesh Kumar (PW-9), with the help of other police officials, at a distance of 10 metres and was asked reason for running from the spot, but he could not give satisfactory answer. On asking about his carry bag, he started trembling and did not answer anything, causing suspicion of carrying stolen articles and necessitating the search of his bag. As per prosecution case, at that time, there was no movement on the road and the place was secluded. Therefore, PW-9 ASI Dinesh Kumar sent HHC Tikkam Ram in search of witneses towards Kayas, who returned after about 20 minutes and informed that he did not find any person, which led to the forming of search party by associating PW-8 HHC Chet Ram and HHC Tikkam Ram (not examined), for carrying out search and seizure procedure. Before conducting search of the accused, the police party gave its search to the accused vide Memo Ex. PW-8/A, and thereafter during search of the bag of the accused, stick-shaped black substance was found wrapped in a transparent polythene envelope. On the basis of experience, after smelling the substance, it was identified as charas. After weighing the same, alongwith the carry bag, on Electronic Weighing Machine, it was found to be 2.015 kg. Thereafter, the contraband substance, alongwith the carry bag, was sealed in a cloth parcel with seal impression 'I' and taken into possession vide Memo Ex.PW-8/E, which was signed by the accused and two witnesses, namely PW-8 HHC Chet Ram and Tikkam Ram, copy of which was also supplied to the accused, free of cost. Facsimile of the seal Ex.PW-8/B was also taken on a piece of cloth. Thereafter, Ruka (Ex.PW-8/C) was prepared and sent to Police Station, Kullu, through PW-8 HHC Chet Ram, who reached the Police Station at 9.15 a.m. and handed over the same to SHO Anil Kumar (PW-4). On the basis of Ruka, FIR No.77/15, dated 28.3.2015 (Ex.PW-4/A) was registered at 9.15 a.m. and after making endorsement (Ex.PW-4/B) on the Ruka, the case file was handed over to PW-8 Chet Ram for giving it to Investigating Officer ASI Dinesh Kumar.