VIKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The challenge by the appellant hereinafter referred to as 'the accused' in this appeal is to the judgment of conviction passed by the learned trial Court in Sessions trial No. 7 of 2011, decided on 29.5.2012, for the offence punishable under Section 20 (b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act' for allegedly keeping in this possession 54 grams of Charas based upon the percentage of resin contents found in the recovered stuff of 238 grams, thereby imposing sentence to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 50,000/-and in default of payment of fine to further undergo simple imprisonment for a period of six months. In short, prosecution story can be stated thus. On 19.3.2011, around 4.10 p.m. The police party headed by PW8 ASI Jai Dev was on a routine patrolling in the area falling in his jurisdiction. Around 6.10 p.m., they spotted the accused coming on foot, on Kuthera- Ree-Bhalana road, who on seeing the police had tried to escape. The police got suspicious and overpowered him. His identity was asked. Suspecting the contraband in his possession, PW8 ASI Jai Dev gave him an option orally as well as in writing Ext.PW1/A to be searched before a Magistrate or a Gazetted Officer being his legal right, in turn the accused gave his consent to be searched by the police party present there. To this effect, he made an endorsement on the consent memo in his hand and under his signatures. Thereafter, ASI Jai Dev rendered himself to be searched by the accused, but no incrimination article was found in his possession. To this effect, a memo was prepared. Thereafter PW8 ASI Jai Dev conducted the personal search of the accused in the presence of constables PW1 Manohar Lal and PW2 Ramel Singh as no independent witness was available on the spot. On his personal search, the police discovered one red coloured small bag with two strings tied against his belly near the naval portion beneath the pants worn by him which contained the stuff in the shape of small sticks and Chapatis. It was photographed, removed and weighted on electronic scale, which came to be 238 grams. The recovered stuff was packed in the same manner, in which it was recovered and sealed with seal impression 'J' at 5 places. The facsimile of seal was also taken on NCB forms on the spot in triplicate. The seal impression was also stated to have been taken on a separate piece of cloth and after its use the seal was entrusted to PW2 Ramel Singh and seizure memo Ext.PW1/C was prepared on the spot in the presence of the official witnesses aforesaid

(2.) After completing the investigation, challan was presented in the Curt against the accused for his trial. He was accordingly charge-sheeted for the offence aforesaid to which he pleaded not guilty and claimed trial. To prove its case, prosecution examined its witnesses and heavily relied upon the statements of the Investigating Officer, PW1 Constables Manohar Lal and PW2 Ramel Singh. The accused was also examined under Section 313 of the Code of Criminal Procedure. His case was denial simplicitor and he alleged false implication being an activist of ABVP in the College in those days, however, no evidence in defence was led.

(3.) Learned trial Court after completing the trial, disbelieved the defence taken by the accused, but while banking upon the testimonies of the official witnesses aforesaid, convicted and sentenced the accused as aforesaid, hence the present appeal.