RAMESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant appeal, appellants have assailed judgment and sentence order dtd. 17/3/2020, passed by the learned Special Judge-II, Kinnaur at Rampur Bushehar, H.P. in Case No. 17 of 2018, whereby appellants have been convicted and sentenced under Ss. 20 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) as under:

(2.) The prosecution case in brief is that on 8/8/2018, PW-3 SI Ranjeet Singh, PW-8 ASI Man Dev, PW-4 Constable Sumit Thakur along with ASI Yoginder Singh and HHG Tilak Raj were on patrol duty toward Nirmand Bazaar, Awera etc. At about 5.45 a.m., the police party consisting of aforesaid police officials found appellants approaching Deodhank. On noticing the police party, both of them got perplexed and tried to escape. Appellant Ramesh Kumar threw a bag held by him in his hand, on noticing the police officials. The bag was checked and 4.210 kg charas was recovered. Recovery and seizure proceedings were conducted vide recovery and seizure memo Ext. PW-3/A. Part of NCB Form Ext. PW-3/B was filled up on spot. Rukka Ext. PW-3/D was prepared and sent to Police Station for registration of FIR. FIR Ext. PW-7/A was accordingly registered. The appellants were formally arrested. Case property and appellants were taken to Police Station. Case property was deposited in "Malkhana".

(3.) On 10/8/2018, PW-3 SI Ranjeet Singh along with PW-7 HC Vikram Singh No. 61 presented an application before learned JMFC, Anni for drawing proceedings under Sec. 52A of the Act. Order Ext. PW-3/G came to be passed by learned JMFC, Anni recording that two representative samples of 25 grams each were drawn in his presence from the bulk charas and were sealed in two separate small cloth parcels bearing four seals each with seal impression 'O'. The remaining charas was also re-sealed with four seals bearing seal impression 'O'. The inventory was thus certified.