GIAN BAHADUR Vs. STATE OF H P

JUDGEMENT

(1.) APPELLANT, hereinafter to be referred as "the accused" was convicted for an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act", and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of ' 50,000/-, in default of payment of fine to further undergo simple imprisonment for a period of one year, for allegedly keeping in possession of 37.56% W/W of resin of the Cannabis plant, i.e., Charas, which comes out to be around 263 grams in the recovered stuff of 700 grams, hence the accused directed the present appeal.

(2.) IN short, the prosecution case can be stated thus. On 27.7.2009 at 2.00 p.m., PW8 Sub INspector Pawan Kumar accompanied by Constables Joginder Singh (PW1) and Vijay Kumar, were going on foot from village Choj towards Manikaran. They were confronted with the accused on the way, who was carrying a polythene bag and having the words written as 'Void INdustries' over it. His identity and whereabouts were asked. He was a Nepali citizen and was staying with his friend at village 'Kasol'. Police asked the accused to show the contents of his bag, but he started dilly-dallying. Thus getting suspicion and finding no independent witness at the place, in the presence of Constables Joginder Singh (PW1) and Vijay Kumar, who were associated as witnesses, conducted the search of the bag and recovered 700 grams of substance, which was allegedly Bhang/Charas. The entire recovered stuff was sealed with the seal "M". The seal impressions were also taken on separate pieces of cloth and the case property was taken in possession vide memo Ext.PW1/E. 2(ii) N.C.B. forms in triplicate were also filled-in on the spot. The facsimiles of the seal were also taken against its relevant column. 2(iii) Ruka Ext.PW8/A was sent to the Police Station, which culminated into FIR Ext.PW9/A. 2(iv) Police also prepared the site plan Ext.PW8/B of the alleged place of recovery. The accused was arrested. He was informed of the grounds of arrest. 2(v) On 28.7.2009 at about 8.30 a.m. HHG Hukam Ram handed over the case file after registration of the case to PW8 SI Pawan Kumar. Thereafter the case property was produced before PW3 INspector/SHO Prem Dass. He resealed the parcel with three seals of English letter producing impression "H". Sample of seal was also taken on a piece of cloth and facsimiles of the seal were also taken on the N.C.B. forms. 2(vi) The case property was handed over by the said SHO alongwith N.C.B. forms in triplicate, sample of seals and seals "M" and "H" to PW4 MHC Ram Krishan, which was deposited in the Malkhana and its entry was made in the Malkhana register, abstract of which is Ext.PW4/A. 2(vii) On 29.7.2009, vide RC No.99 of 2009 Ext.PW4/B the parcel was sent for analysis through PW5 Constable Pritam Singh to Forensic Science Laboratory, Junga alongwith police docket and obtained the receipt on the back of the R.C. 2(viii) The Chemical Examiner analyzed the sample. The examination report is Ext.PW8/D. The entire mass of the recovered stuff was opined to be resin, extract of Cannabis Plant, i.e., the Charas. After examination, the entire stuff was resealed with the seal of FSL-II and returned with the examination report referred to above.

(3.) ON the completion of the Challan, it was presented in the Court for the trial of the accused.