PURSHOTUM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Section 374 of the Cr.P.C. against the judgment of the court of learned Special Judge, Kinnaur at Rampur Bushahr, dated 23.3.2011, vide which the appellant was held guilty and was convicted and sentenced to undergo imprisonment for six year and to pay a fine of Rs.50,000/ - under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the Act. In default of payment of fine, the appellant was to undergo simple imprisonment for a further period of six months.

(2.) BRIEFLY stated, the facts of the case are that on 7.2.2005, at 4.30 p.m., Rupinder Singh, Addl.SHO, Police Station, Rampur (now deceased), was on patrol duty alongwith ASI Ramesh Lal PW -9, H.C. Chaman Lal and other police officials. When they reached near the house of Rattan Halwai, one person was standing on the stairs, who tried to run away on seeing the police party. He was carrying a polythene bag and on suspicion, he was overpowered and on inquiry, he gave his name as Purshotum, appellant. SI Rupinder Singh associated PW -2 Chaman Sharma and Chaman Gupta and conducted the search of the polythene bag in presence of these witnesses. The bag was found containing charas, which, on weighment, was found to be 720 grams. The accused was given an option whether he wanted to be searched and he gave his option to be searched by the police vide memo Ext.PW -2/G, which was signed by the witnesses. Two samples of 25 grams each were drawn from the charas recovered from the polythene bag, which were sealed with seal 'D ' and seal impressions were also taken separately. The charas was taken in possession as per procedure and the Investigating Officer after preparing the recovery memo, spot map etc., sent a ruka Ext.PW -9/D for registration of FIR. He also recorded the statements of the witnesses and sent the special report Ext.PW -6/B to the SDPO, Rampur. The samples were sent to Forensic Science Laboratory and on receipt of the report and on completion of the investigation, the challan was filed before the learned trial Court, who tried the appellant for the aforementioned Section leading to his conviction and sentence, as detailed above.

(3.) THE submissions made by the learned counsel for the appellant were that there are many contradictions and infirmities in the persecution case and in view of these, the guilt of the appellant cannot be said to have been established beyond any reasonable doubt. I shall refer to the contradictions and infirmities pointed out by the learned Senior Advocate for the appellant in the following paragraphs.