KARAMJIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant has challenged his conviction and sentence, passed by the learned trial Court in Sessions Case No. 8-N/VII-2003, on 16.2.2004, for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short 'the Act', whereby he has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of 50,000/-, with default clause, for allegedly keeping in possession 1 Kg. opium.

(2.) In brief, the prosecution story can be stated thus. PW6 Sub Inspector Karam Chand was posted as Additional SHO in Police Station, Nurpur. On 14.9.2002 at about 11.00 P.M., he alongwith PW2 ASI Krishan Gopal, ASI Yog Raj, PW1 Constable Kashmir Singh and Constable Balwant Singh, left Police Station in official vehicle being driven by Balam Singh for traffic checking. Their departure stands recorded in the Rapat Roznamcha, copy of which is Ext.PW6/A. They laid the Naka at 11.15 p.m. at 'Jassur Chowk' and started checking of the vehicular traffic. During the intervening night of 14/15.9.2002 around 1.30 a.m., the Appellant, hereinafter to be referred as 'the accused' came from 'Dhameta' side on his motorcycle. The registration number was 'applied for'. He was stopped. His identity was asked. Sub Inspector Karam Chand demanded documents of the vehicle, but on this query he felt perplexed and did not produce the documents. He got suspicious and checked both sides of the dickey of the motorcycle and from left dickey he took out a light yellow coloured polythene envelope and from another a brown coloured envelope containing opium. It was night time. No independent witness was available, thus in the presence of the police-party, the recovered stuff was weighed which came to be one kilogram. Out of the recovered stuff, 20 grams each were separated as samples and sealed separately with seal producing the mark of English letter "K". The remaining bulk was also sealed with the same seal. The case property alongwith the motorcycle were taken into possession vide memo Ext.PW1/A in the presence of Constables Balwant Singh and Kashmir Singh (PW1). The seal after its use was handed over to Constable Balwant Singh (not examined).

(3.) The accused was accordingly charge-sheeted. He abjured his guilt and claimed trial.