DEVINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) BY virtue of the present appeal, the appellant Devinder Singh, hereinafter referred to as the accused, has assailed his conviction and sentence imposed upon him by the learned Special Judge, Chamba, vide judgment dated 31.8.1999 in Sessions Case No. 13 of 1998 for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short N.D.P.S. Act).

(2.) BRIEFLY , the prosecution story may be thus stated. On the night intervening 14/15.11.1997 Sub Inspector Partap Singh (PW9) Station House Officer of Police Station, Chowari, alongwith Head Constable Pritam Singh and Constable Kewal Krishan (PW2) Bhagat Ram (PW6) and Ravinder Singh, was present at "Sudhli Chowk" Chowari in connection with routine traffic checking. At about 5 a.m. a scooter bearing No. CHE-8220 was seen coming from Chamba side. It was signalled to stop. The accused was found driving the said scooter. One Khushal Singh was the pillion rider. After checking the papers, the accused and his pillion rider was asked by PW9 Sub-Inspector Partap Singh about the purpose of their visit to Chamba. The accused and his pillion rider became perplexed which raised a suspicion in the mind of PW 9 Sub-Inspector Partap Singh expressed an intention to search the scooter. The dicky of the scooter was opened by the accused and "Charas" kept in a polythene bag was recovered therefrom. On weighment the "Charas" was found to be 1700 grams. The charas so recovered was seized and taken into possession after following the necessary procedure of sealing and sampling vide memo Ex.PA in the presence of PW1 Mir Chand and one Jodha Ram. The accused and his pillon rider Khushal Singh was arrested for the offence under Section 20 N.D.P.S. Act.

(3.) THE prosecution in support of its case examined nine witnesses in all. The accused and the abovenamed Khushal Singh in their statements recorded under Section 313, Code of Criminal Procedure denied the prosecution case and pleaded false implication. In answer to question No. 14 of their statement, each of them has stated in the following terms :-