UTTAM SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The appellant was charge-sheeted, tried and convicted by the learned trial Court in N.D.P.S. Case No. 31-S-7 of 2009, for the 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 Rs. 5,000/-. In default of payment of fine, to further undergo simple imprisonment for six months, for allegedly keeping in possession 31.23% resin contents of cannabis plant (Charas) in a total quantity of 800 grams.

(2.) The prosecution story as emerges from the evidence on record can be stated thus. PW-11 Sh. Suneel Negi, Dy.S.P. in the year 2009 remained posted as SHO, Police Station (East) Shimla. On 23rd May, 2009 he alongwith HC Ramesh Chand (PW-10), Constables Naresh, Anil and Pawan Kumar were on patrolling duty in the area of Vikasnagar (Shimla) and also for the detection of crime. They were present on the National Highway (NH-22) and put a Nakabandi on the main gate of Vikasnagar. Around 6:30 a.m. the appellant hereinafter referred to as 'the accused' came from the side of the Petrol Pump carrying a polythene bag in his right hand. On catching the site of the police party, he attempted to flee away, but he was apprehended on suspicion in the presence of PW-1 Padam Dev and PW-2 Suresh Kumar who were passersby. They were included in the search operation. PW-11(Suneel Negi) aforesaid rendered himself to be searched by the accused, but nothing incriminating was recovered. To this effect, memo Ext. PW1/A was prepared.

(3.) PW-11 SHO Suneel Negi enquired about the identity of the accused, to which he (accused) disclosed, including his place of residence in New Shimla. Thereafter he (SHO) conducted the search of the polythene bag, to which the accused was carrying. On its checking, he found another polythene bag Ext.P5 therein which contains Charas in the shape of sticks. Some of the sticks were wrapped in a transparent plastic paper and some were unwrapped. It smelt like Charas and a memo Ext. PW1/B was prepared and signed by the witnesses and the accused. On weighing, it came about 800 grams and was taken into possession vide memo Ext. PW1/D. Two samples of 25 grams each were separated, packed and sealed in two separate parcels Mark S-1 (Ext. P2) and S-2 (Ext. P-3) by putting three seal impressions of seal "H". The remaining bulk was packed in a separate piece of cloth Ext. P-1 and sealed with the same seal. All these parcels were encircled in red, signed by the witnesses and the accused.