PIYAR DEEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant has filed the appeal challenging the judgment/order of sentence dtd. 2/4/2019/8/4/2019, whereby he has been convicted and sentenced as under:-

(2.) Prosecution story, in brief, is that on 22/11/2017, ASI Satpal alongwith other police officials were travelling from Shikari Mod to Ganed. At about 03.30 p.m, the vehicle was stopped by the officials to answer the call of nature. SI Satpal noticed that a person was coming on foot, carrying a bag in his right hand and was going towards Tissa. On seeing the police party, the said person got perplexed and turned back and started walking quickly. The said person was apprehended by the police officials and he disclosed his name as Piyar Deen. Since it was a secluded place, no independent witness was present at the spot. Consequently, the bag carried by the appellant was searched and from the said bag charas in the shape of sticks was recovered. The contraband on weighment, came to 1.120 kilograms. The orange carry bag containing charas was kept in the blue carry bag and was made into a cloth sealed parcel with seal bearing impression 'TD '. NCB Form in triplicate was prepared. Sample seal was prepared and was affixed on NCB Form. Seal after use was handed over to ASI Satpal (II). Rukka was sent to the Police Station, Tissa, through Constable Hitesh for registration of FIR and on the basis of same, formal F.I.R. No.124/17, dtd. 22/11/2017, under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act " in short), was registered at Police Station Tissa, District Chamba, H.P. The site plan was prepared and photographs at the spot were clicked by SPO Varinder Singh (PW-3). Appellant was arrested and his personal search memo was prepared. Appellant was got medically examined. Appellant was then produced before Station House Officer Varinder Singh in the Police Station. SHO Varinder Singh (PW-14) after verifying the parcel, resealed the same with seal bearing impression 'TE '.

(3.) On 23/11/2017, an application was moved for proceedings under Sec. 52-A of the Act before the Magistrate. The Magistrate issued the Certificate Ext.PW-18/D and passed the order Ext.PW-18/C. The Magistrate took out two samples of charas of 26 grams each and sealed the case property with seal bearing impression 'JM Chamba '. The case property was handed over to ASI Satpal.