LEKH RAJ Vs. STATE OF H.P

JUDGEMENT

(1.) THE appellant was convicted by the learned trial Court for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short ˜the Act' for allegedly keeping in possession 22.30% charas in the recovered stuff of 1.6 kilograms and sentenced to undergo imprisonment for a period of four years and to pay a fine of Rs. 25,000/ - with the default clause. The learned trial Court also gave him the benefit under Section 428 of the Code of Criminal Procedure for the period he remained in custody during the investigation and trial of the case. Hence the present appeal by the appellant hereinafter referred to as "the accused".

(2.) IN nutshell, prosecution story is that on 23.12.2007 PW6 Inspector Om Parkash accompanied by PW1 S.I. Rajinder Kumar, PW2 HHC Kashmi Ram PW3 HC Pune Ram and Satish Kumar were present at ˜Jangli pul' in connection with patrolling duty. At about 12.30 p.m. accused came from the side of ˜Kandugad' holding a plastic bag in his right hand. On seeing the police party, he is alleged to have got scared and tried to escape. Police entertained suspicion thus he was overpowered. (ii) It was a secluded and an isolated place, no independent witness was available, as such Inspector Om Parkash aforesaid joined PW1 Rajinder Kumar and PW3 HC Pune Ram as witnesses and informed the accused to exercise option under Section 50 of the Act as he was suspecting some contraband in his possession. (iii) The accused is stated to have opted to be searched by the police party present there. Thereafter PW6 Inspector Om Parkash rendered himself to be searched by the accused but no incriminating article was found as such memo to this effect was prepared. Thereafter Inspector aforesaid checked the polythene bag to which accused was holding in his hand. It contained 1.6 kilograms of contraband. (iv) Two samples from the recovered stuff weighing 25 grams each were separated and sealed with seal impression ˜H'. The remaining stuff was put back in the same polythene envelop/plastic bag and also sealed by making a parcel with the same seal. (v) NCB forms in triplicate were filled in one of which is Ext. PW6/A. Facsimile of the seal "H" was taken on each of them and seal impression was also taken on a piece of cloth Ext. PW1/C and the case property was taken into possession vide memo Ext. PW1/D. (vi) Ruka Ext. PW2/A was sent to the police station for registration of the FIR. (vii) Site plan Ext. PW6/B of the place of recovery was also prepared. (viii) Accused was arrested and grounds of arrest were informed to him in writing Ext. PW1/E. (ix) On reaching the Police Station, he deposited the case property with PW4 MHC Rajinder Singh. He made its entry in the Malkhana Register.

(3.) ON 25.12.2007 a sample parcel was sent for its examination to FSL Junja vide RC Ext. PW4/B through PW5 constable Sunder Singh. On its deposit on 26.12.2007 in the laboratory, he obtained receipt and handed it over to MHC on his return.