PARMOD KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) CONVICT Parmod Kumar is in appeal. He has been convicted by the learned trial Court in Sessions Trial No. 20 of 2008, whereby he has been sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 20,000/ -with default clause, for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short, 'the Act ', allegedly for keeping in possession of 254.80 grams of Charas, in the recovered stuff of one kilogram, which has been challenged by him in the present appeal. Precisely, the prosecution case as emerges from the evidence can be stated thus. On 29.2.2008, PW 9 Head Constable Krishan Lal of Police Station, Gohar was heading a police party and had put a Naka at National Highway -21 near "Pandoh Dam". Around 12.45 p.m., a private bus ("Kanika Service") bearing registration No. HP -33 -9044 came from Kullu side. It was stopped at the Naka. Inder Pal was its Driver whereas PW2 Sanjay Kumar was the Conductor. They came out from the bus. PW 9 Head Constable Krishan Lal joined them as independent witness. During checking of the passengers, the appellant, hereinafter referred to as "the accused" was found sitting on seat No. 23, holding a bag Ext. P -2, which was searched. On opening its one of the pockets, handkerchief Ext. P -8 was recovered. The second pocket contained pant Ext. P -9, shawl Ext. P -6, two gloves Ext. P -5 and cap Ext. P -7. In the third pocket of the bag aforesaid, jacket Ext. P -3 was taken out, which was having two polythene packets containing some black substance. One recovered packet was having the material like small balls and the second was having toffee and marbles like material. It smelt like "Bhang." The identity of the accused was asked. Both the packets were weighed. It came to be one kilogram. Out of the recovered stuff, 50 grams of Charas was taken separately and divided into two sample parcels of 25 grams each. Both the sample parcels were packed in a small cloth parcel and sealed with seal impression "T" at six places each. The remaining recovered stuff alongwith jacket and polythene bags were packed into one parcel and sealed with seal impression "T" at 14 places. The remaining recovered stuff -parcel was marked as Mark -A and each of the sample parcels were marked as Mark A -1 and A -2. The case property was taken into possession vide memo Ext. PW1/A in the presence of witnesses. The sample of the seal Ext. PW 1/C was drawn on a piece of cloth, which was signed by the independent witnesses aforesaid. The accused had also appended his signatures on it. NCB forms in triplicate Ext. PW 1/B were filled in. During personal search of the accused, bus ticket Ext. P1/A, a small diary and currency notes of different denominations amounting to Rs. 730/ - were recovered and taken into possession vide memo Ext. PW 9/A.

(2.) THE police prepared site plan Ext. PW 9/C of the place of alleged recovery. One of the NCB forms is Ext. PW9/B. A Ruka was prepared and sent for registration of the case through Constable Virender Kumar which culminated into FIR Ext. PW 8/B.

(3.) ON 2.3.2008, one of the sample parcels Mark A -2 was sent to FSL, Junga vide R.C. No. 156/ -07 -08 through PW 7 Constable Yashyant Singh. On its deposit, he obtained receipt Ext. PW