JASBEER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant has filed the appeal, challenging judgment/order dtd. 1/11/2016, passed by learned Special Judge, Solan, District Solan, Himachal Pradesh, in Sessions Trial No.8-NL/7 of 2014, titled as State of Himachal Pradesh vs. Jasbeer Singh, whereby appellant was convicted and sentenced as under:- <FRM>JUDGEMENT_32_LAWS(HPH)9_2022_1.html</FRM>

(2.) Prosecution story, in brief, is that on 6/12/2013 at about 6:30 a.m., Inspector Chaman Bhatia alongwith HC Pawan Kumar, HHC Kamal Mehta and Constable Hem Raj, were on patrol duty at Baddi barrier. At about 9:30 a.m., a Tempo pickup bearing registration No.HP-12-E-8036 came from Pinjore side. The driver of the vehicle was signaled to stop for checking. On inquiry, the driver of the vehicle disclosed his name as Jasbeer Singh, whereas, the other occupants of the vehicle disclosed their names as Jaswant Singh and Amar Nath Maurya. On checking the vehicle, it transpired that two transformers were being carried in the same. Some empty gunny bags were also lying in the body of the vehicle. When the floor of the vehicle was checked, it transpired that some plastic bags were lying under it. After opening the wooden planks, which were affixed with nut bolts, 42 plastic bags containing poppy straw were recovered, out of which 15 plastic bags contained 5 kgs. poppy straw each and 27 plastic bags contained 22.595 kgs. of poppy straw. The plastic bags were weighed after they were taken out from the vehicle. The total weight of all the plastic bags came to be 97.595 kgs. Electronic scale was summoned through HC Pawan Kumar. 15 plastic bags containing 5 kgs. poppy straw each were put in 3 plastic bags, which were marked as I, II, II. Remaining 27 plastic bags containing poppy husk were kept in another plastic bag. All the plastic bags were sealed with seal bearing impression "P". The proceedings were conducted in the presence of witnesses, Gurdas and Amar Nath. Sample seal was prepared. NCB form was filled in triplicate at the spot and impression of the seal was affixed on it by Inspector Chaman Bhatia. Seal, after use, was entrusted to witness Gurdas. The vehicle alongwith case property was seized vide memo Ex.PW1/B. Rukka was sent to Police Station, Baddi through C. Hem Raj for registration of the case. On the basis of the same, formal FIR No.225 dtd. 6/12/2013 was registered at Police Station, Baddi under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act"). Photographs at the spot were clicked and spot map was prepared by Investigating Officer. Accused were arrested and information qua their arrest was sent to their relatives. The transformers were given on Sapurdari to Vikas Singh, General Manager of Jay Bee Industries vide memo Ex.PW1/A. The case property was then produced before SHO Baddi by Sub Inspector Chaman Bhatia and after checking the same, Sub Inspector Daya Ram re-sealed the bag with seal bearing impression "M". The seal impression "M" was also affixed on NCB form. The case property was then handed over to MHC Rajiv Joshi.

(3.) On 9/12/2013, the case property was handed over by MHC Rajiv Joshi to C. Rohit Kumar for depositing the same with Forensic Science Laboratory, Junga. After deposit of the case property with the Forensic Science Laboratory, Junga, the receipt was handed over by C. Rohit Kumar to MHC Rajiv Joshi on the same day. As per the report of the Forensic Science Laboratory (Ex.PW9/C), the contraband was opined to be "poppy straw".