DHARAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 07.05.2010/10.05.2010, passed by the learned Special Judge (I), Kangra at Dharamshala, H.P. in Sessions Case No. 30 -D/VII -2007, whereby the Appellant, who was charged with and tried for offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act was convicted and sentenced to undergo three years rigorous imprisonment and fine of Rs.30,000/ - was also imposed. In default of payment of fine, the accused was further directed to undergo rigorous imprisonment for a period of six months. According to the case of the prosecution, a police "Nakka" was laid at Fhuhara Chowk by Head Constable Vinod Singh, Head Constable Madan Mohan, Constables Anil Kumar and Madan Lal. On 25.04.2007, at about 1:00 a.m.(mid -night), one person coming from the side of Khara -Danda road, Kotwali Bazar was noticed. He tried to run away towards Mcleodganj. Head Constable Madan Mohan and Head Constable Vinod Singh apprehended him near Surbi Guest House. He was carrying one polythene bag. On enquiries being made by HC Vinod Singh, he disclosed his name as Dharam Chand, i.e., accused. The polythene bag was searched and charas was found in the form of sticks which was wrapped in bundles. Thereafter, HC Vinod Singh deputed Constable Madan Lal to go to Police Station, Dharamshala for bringing weights and scale. Constable Madan Lal brought the same. The charas was weighed and the same was found to be 800 grams, out of which, two samples of 25 grams each were separated and sealed with seal 'A '. The remaining charas was kept in other parcel and the same was also sealed with seal impression 'A '. The main charas parcel and sample charas were taken into possession vide seizure memo Ex. PW -1/C. Thereafter, rukka, Ex. PW -6/B was prepared and handed over to Constable Anil Kumar. He has taken the same to the Police Station, Dharamshala. He handed over the rukka to SHO Om Parkash, on the basis of which, F.I.R. Ex. PW -6/C was registered. Accused was arrested and before his arrest, personal search memo Ex. PW -1/D was prepared. N.C.B. form was also filled up. All the articles were deposited in the Malkhana. The samples were sent to F.S.L., Junga through Constable Joginder Singh (PW -4). The special report was also handed over to Constable Sham Lal by Head Constable Vinod Singh for delivering the same to Superintendent of Police, Kangra at Dharamshala. He deposited the same with the Reader of Superintendent of Police, namely, Subhash Chand. The samples were also re -sealed by Inspector Om Parkash with seal impression 'D '. He has filled columns No. 9 to 11 of NCB form. The report of the Chemical Examiner is Ex. PW -7/A. Thereafter, the challan was put up after completing all the codal formalities.

(2.) THE prosecution has examined 10 witnesses to prove its case. The accused was also examined under Section 313 of the Code of Criminal Procedure. He has pleaded not guilty. Accused has also examined one Punjab Singh as DW -1.

(3.) MR . N.K. Thakur, learned Counsel for the Appellant has strenuously argued that the prosecution has miserably failed to prove the case against the accused. According to him, the prosecution has not examined independent witnesses. He then argued that there was no necessity for calling for the weights and scale from the Police Station. He lastly contended that there is variance in the statements of the witnesses.