TAJ DEEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant appeal, appellant has assailed judgment dtd. 7/8/2021 and sentence order dtd. 31/8/2021, passed by the learned Special Judge, Chamba Division Chamba, H.P. in Sessions Trial No. 62 of 2018, whereby appellant has been convicted under Sec. 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and has been sentenced to undergo rigorous imprisonment for a period of twelve years and to pay fine of Rs.1,50,000.00. In default of payment of fine, to further undergo rigorous imprisonment for a term of one year.

(2.) The prosecution case in brief is that on 7/7/2018 a police party belonging to State Narcotic Crime Control and Field Unit Kangra, while on routine patrolling duty had apprehended the appellant at place Zero Point Jassourgarh on Tikarigarh to Chamba Road at about 7.00 a.m. He was carrying a bag in his right hand. On search of the bag, 2.032 kg charas was recovered. The recovered contraband was seized and kept in the same bag, which was sealed with six seals of seal 'N'. The seizure memo Ext. PW7/D was prepared. NCB form Ext. PW18/A in triplicate was filled. Facsimile of sample seal was preserved as Ext. PW7/C.

(3.) PW-18 SI Nirmal Singh prepared 'Rukka' Ext. PW7/E and sent the same to Police Station Tissa, through PW- 7, MHC Manohar Lal, for registration of FIR. The investigation was handed over to PW-17, ASI Surjeet Singh, who had reached on spot along with other police officials on receiving information about recovery of contraband. PW-17, ASI, Surjeet Singh was incharge of Police Post Nakrad, falling within the jurisdiction of Police Station, Tissa, District Kangra, H.P. ASI, Surjeet Singh reached the spot. Appellant was formally arrested. The case property along with appellant were taken to Police Station, Tissa and handed over to PW-14, SHO/ Inspector Surinder Kumar. The case property was re-sealed with six seals of TD and was deposited with PW-2, HC Pawan Kumar, who was posted as MHC, Police Station, Tissa. The requisite entry Ext. PW2/A was made in Malkhana Register.