SATBIR SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE challenge by the appellant hereinafter to be referred as 'the accused' in this appeal is to the judgment of conviction passed by the learned trial Court in Sessions trial No. 37 of 2010, decided on 19.5.2011, for the offence punishable under Section 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act' for allegedly keeping in his possession 304 Whether reporters of the Local papers are allowed to see the judgment? grams of Chars in the recovered stuff of 1 K.Gs, whereby he has been sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 25,000/- and in default of payment of fine to further undergo simple imprisonment for a period of one month. The period of detention of the accused during trial and investigation was ordered to be set-off under Section 428 of the Code of Criminal Procedure.

(2.) IN short, prosecution story as emerges from the evidence on record can be stated thus. On 30.1.2010, PW6 ASI Yashwant Singh was heading a police patrol party consisting of PW1 HC Shesh Raj, HHC Hem Raj and PW2 HHC Shobha Ram. They came across the accused around 7.30 a.m., who, on seeing the police party had tried to escape. On getting suspicion, the police party apprehended him and asked his identity. Since it was a secluded place and no person on the spot came across for sometime, as such, PW1 HC Shesh Raj and HHC Hem Raj were associated as witnesses and in their presence, the option orally as well as in writing Ext.PW1/A was given to the accused by PW6 aforesaid informing him that it was his right to be searched before a Gazetted Officer or a Magistrate, but the accused opted to be searched by the police party present there. To this effect, an endorsement was made by him to the Memo aforesaid. PW6 ASI Yashwant Singh rendered himself to be searched by the accused, but no incriminating material was found, thereafter he conducted the personal search of the accused and discovered that the accused had tied a pink coloured belt around his waist. He took the photographs Ext.PW6/A1 and A2, the negatives whereof are Exts.PW6/A3 and A-4 respectively. The belt was removed and on checking, it was found contained one kilogram stuff. The entire stuff recovered was put back in the same belt and made a parcel, thereafter sealed with seal impression 'A' at six places. The NCB form Ext.PW3/C was also filled in triplicate. Sample of seal was taken separately one of such impression is Ext.PW1/C. Seal after <DJG> ITS USE WAS HANDED OVER TO PW1 HC SHESH RAJ.</DJG>

(3.) TO prove its case, prosecution examined its witnesses and the accused was also examined under Section 313 of the Code of Criminal Procedure. He denied the recovery as alleged and took up the stand that he was travelling in the local bus at Banjar. The police had recovered an unclaimed bag from the bus, he being outsider belonging to the Haryana State; therefore, the case was planted against him. When called upon to enter into his defence, no evidence in defence was led.