DUNI CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed by the appellant Duni Chand (accused for short) against the judgment and order dated 26.6.2000 passed by Sessions Judge, (Chamba Division) Chamba, in Sessions Trial No. 8/2000 whereby the accused has been convicted of the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) and sentenced to rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000. In default of payment of fine, the accused is to undergo further simple imprisonment for one year.

(2.) The prosecution case, briefly, may be stated thus.

(3.) On 26.11.1999 (PW -7) ASI Kishan Dass, Police Station, Kihar was on patrol duty along with Constable Bal Krishan, LHC Jagat Singh (PW 2) and Constable Jaiwant Raj at Meru Nullah. At about 5.30 p.m., they saw one person coming from Grohan side carrying a white bag on his shoulder. On seeing the police party the said person became perplexed and started running. He was commanded by the Police party to stop. On inquiry, the accused disclosed his name and address to the police. Constable Bal Krishan was sent by PW -7 to summon independent witnesses to the spot. PW -1 Pyar Singh and one Jaffurula came on the spot. Thereafter, in the presence of these independent witnesses, PW -7 gave option to the accused whether he wanted to be searched before a Magistrate or a Gazetted Officer. The accused consented to be searched by PW 7. He was searched in the presence of the witnesses. On search of the bag, Charas weighing 11 kg. and 200 grams was recovered. Two samples of 25 grams each and two samples of 10 grains each were taken from the recovered charas and the samples were sealed with three seals of Mark K whereas the remaining Charas was sealed with the same seal impression. The seal after use was handed over to PW -1 and the sealed parcels were taken into possession vide seizure memo Ext. PF signed by the accused; PW -1 and Jaffurula witnesses. Copy of the seizure memo was also handed over to the accused. Thereafter, the accused was conveyed the grounds of arrest and was also told about the sentence which could be imposed upon him vide Suchinama Ext. PG. PW -7 arrested the accused and prepared Ruqua Ext, PA which was sent to the Police Station, Kihar through Constable Bal Krishan. On the basis of Ruqua, Ext. PA, First Information Report Ext. PB came to be registered against the accused on the same day at 8.30 p.m. PW -7 prepared site plan Ext. PH on spot and recorded statements of the witnesses, He took the accused as well as the case property to Police Station, Kihar. The case property was deposited with PW4MHC Des Raj. Special Report Ext. PC was sent to the Superintendent of Police, Chamba. The samples of Charas recovered from the accused were sent for analysis to Chemical Exammer, H.P.C.TL Kandaghat. On receipt of the report of the Chemical Examiner Ext. PD, the charge sheet was laid before the Sessions Judge against the accused for the commission of the alleged offence.