CHANDER PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant appeal, appellant has assailed his conviction and sentence recorded by the learned Special Judge-II, Kinnaur at Rampur Bushahr, H.P., vide judgment dtd. 6/6/2016 in Sessions Trial No. 28-R/3 of 2016, whereby the appellant has been convicted for commission of offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985( for short 'ND& PS' Act) and has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000.00 and in default of payment of fine to undergo further simple imprisonment of six months.

(2.) The case as set up by the prosecution was that a police party of Police Station Kumarsain, District Shimla,H.P. including SI/SHO Virochan Negi, HC Rakesh Kumar, ASI Krishan Lal and Constable Mool Chand, while on patrol had laid a "Nakka" on the "Kirti road".At about 10:15 P.M. appellant approached the spot of "Nakka" from Kirti side. PW-10, SI/SHO Virochan Negi stopped the appellant, who was carrying a red colour bag in his left hand. On suspicion, the bag carried by the appellant was checked. The red colour bag contained another bag of dark brown colour and inside such bag black coloured substance in the shape of balls was found. The black colour substance was discovered to be the "Cannabis".The place where the accused was apprehended was secluded and no independent witness was immediately available. PW-1, H.C. Rakesh Kumar, PW-2, ASI Krishan Lal were associated as witnesses. The "Cannabis" was weighed and found 1 Kg 500 grams. The contraband was placed firstly in the dark brown bag which in turn was placed inside the red colour bag. This bag was further placed in a cloth parcel Ext. PA, which was sealed with six seals having impression "N".Sample seal was drawn on a separate piece of cloth Ext.PW1/A.NCB form Ext.PW6/B was filled up by PW-10,SI/SHO Virochan Negi. Seal after use was handed over to PW-1,HC Rakesh Kumar. Seizure memo Ext. PW1/B was prepared. The spot proceedings were photographed by PW-2, ASI Krishan Lal. Photographs PW2/A-1 to Ex. PW2/A-6 were later developed. Rukka Ext. PW3/A was prepared and handed over to PW-3, C. Mool Chand for being taken to police station for the purposes of registration of FIR. PW-3, C. Mool Chand took the Rukka to the police station, on the basis of which FIR Ext. PW3/B was recorded. PW-10, SI/SHO Virochan Negi prepared special report Ext. PW4/A, under Sec. 57 of the Act and sent the same to S.D.P.O. Rampur, where it was received by the concerned police officer and handed over to PW-4, HC Tara Chand to be kept in record. The accused was formally arrested on spot. The case property alongwith accused were brought to police station. The case property was handed over to PW-6, MHC Sita Devi alongwith relevant documents for safe custody in "Malkhana".On 8/2/2016, the recovered contraband was sent for chemical analysis to S.F.S.L. Junga through PW-5, HHC Roshan Lal No. 413. On chemical analysis, such substance was confirmed to be cannabis, vide report Ext. PX. The contraband and report Ext. PX were brought from S.F.S.L. Junga to Police Station Kumarsain on 29/2/2016 by PW-8, HHC Roshan Lal No. 372. After investigation, challan was prepared and presented in the Court. Appellant was charged for commission of offence punishable under Sec. 20 of the ND&PS, Act to which he pleaded not guilty and claimed trial.

(3.) Prosecution examined total ten witnesses. PW-1, HC Rakesh Kumar, PW-2, ASI Krishan Lal, PW-3, C. Mool Chand and PW-10, SI/SHO Virochan Negi were examined as spot witnesses. PW-9, LC Chetna proved the transit of special report Ext. PW-4/A from police station to the office of S.D.P.O. Rampur on 8/2/2016. PW-4, HC Tara Chand proved the receipt of special report. PW-5, HHC Roshan Lal No. 413 proved the transit of contraband from police station Kumarsain to S.F.S.L. Junga on 8/2/2016 and PW-8, HHC Roshal Lal No. 372 proved the transit of contraband from S.F.S.L. Junga to Police Station Kumarsain on 29/2/2016. Both these witnesses also proved the safe custody of contraband till it remained with them. PW-6, MHC Sita Devi and PW-7, HC Liaq Ram proved the safe custody of contraband and other related documents in "Malkhana".