RAVI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant, hereinafter to be referred as "the accused' was convicted and sentenced under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short "the Act' for holding 1 KG "charas'. Vide impugned judgment, the accused was sentenced to undergo rigorous imprisonment for a period of nine years and to pay fine of rupees 20,000.00. In default of payment of fine, accused shall also undergo simple imprisonment for a period of six months, hence the present appeal preferred by the accused/convict.

(2.) Brief facts necessary for adjudication of the appeal are that Head Constable Roop Singh PW-8, Investigating Officer, Police Post Banikhet alongwith Constable Sanjay Kumar PW-2 and some other police officials were on Nakabandi and traffic checking duty at Kheri Bridge, Banikhet. At about 9 pm, when the police party consisting of HC Roop Singh PW-8, Constable Sanjay Kumar PW-2 HHC Mazi Mohammad, Constable Ram Prakash, Excise and Taxation Inspector Naresh Chand PW-1 and one Purshottam were present on the bridge, the accused came walking from the side of Kheri side carrying back on his right shoulder. On seeing the policy party he got scared and had tried to run back. On suspicion he was apprehended. On inquiry, he naratted his name as Ravi Kumar son of Sh. Hari Ram. Head Constable Roop Singh then apprised him about of his right of being searched either before a Magistrate or a Gazetted Officer. He consented to be searched by the policy party. Memo Ext. PW1/A was prepared. HC Roop Singh along with other police officials, Excise and Taxation Inspector and the public witnesses had offered themselves to be searched by the accused. Memo Ext. PW1/D was prepared and nothing incriminating was recovered from his person. HC Roop Singh then conducted the search of the bag, Ext. P2, which the accused was carrying. A polythene envelope Ext.P3 was found to be there in the bag. On search, the polythene envelope was found containing in it a black coloured substance in the shape of sticks and balls. It was identified to be Charas Ext. P4. The Charas was weighed with the help of a traditional weighing scale and it was found to be 1 Kg. The Charas was then put back in the same polythene envelope and the envelope was then put back in the same carry bag. The bag was then packed and sealed in a parcel Ext. P-1 and sealed with five seals of impression X. Sample seal was taken on a piece of cloth Ext. PW1/B. NCB-1 form Ext. PW6/C was filled in triplicate. The seal impression X was put on the NCB-1 forms. The seal after use was handed over to Purshottam. The parcel containing the Charas was seized vide memo Ext. PW1/C . Rukka Ext PW-8/A was prepared and it was handed over to constable Sanjay Kumar with the direction to carry it to Police Station, Dalhousie for registration of the FIR. A carbon copy of Rukka Ext. PW 7/A was also sent through constable Ram Prakash to Superintendent of Police, Chamba. ASI Jeet Singh PW-6 registered the FIR Ext. PW6/A, made an endorsement on Rukka and had sent the case file to the spot. The investigation was conducted by HC Roop Singh, who prepared the site plan Ext. PW8/B and recorded the statements of the witnesses. The accused was arrested vide memo Ext PW-1/E. The case property consisting of parcel, NCB-1 form in triplicate and sample seal X were handed over to ASI Jeet Singh PW-6, who was officiating as Station House Officer, Police Station, Dalhousie, at the relevant time for resealing the parcel. ASI Jeet Singh had resealed the parcel with two seals of impression H. Specimen seal impression of seal H was taken on a piece of cloth Ext. PW1/B. The case property along with documents was handed over to MHC Bhajan Singh, PW-3. MHC had made an entry in the register of Malkhana, copy of which is Ext. PW3/A and had deposited the same in Malkhana. The case property alongwith documents was handed over to HHC Kamal Kumar PW-4 with the direction to carry it to State FSL, Junga vide R.C No. 151/2009, copy of which is Ext. PW3/B. HHC Kamal Kumar carried all these articles to State FSL, Junga in safe condition and handed over the receipt to the MHC on his return. The special report Ext. PW7/B was prepared and sent through Constable Mazid Mohammad to Superintendent of Police, Chamba. The Superintendent of Police, Chamba had made an endorsement on the special report and had handed it over to his Reader. He had also handed over the carbon copy of Rukka to his Reader after making an endorsement on it. HC Subhas Chand PW-7 had made an entry in the relevant register regarding the receipt of the carbon copy of Rukka and the special report and had filed them on record.

(3.) In order to prove its case, the prosecution examined as many as eight witnesses. The statement of the accused, under Sec. 313 Cr.P.C, was recorded and he claimed innocence. No witness, in defence, was examined by the accused.