LEKH RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant has filed the appeal challenging the judgment/ order dtd. 2/11/2019/7/11/2019, passed by the Special Judge, Chamba, whereby he has been convicted and sentenced as under:-

(2.) Prosecution story, in brief, is that on 16/11/2017 ASI Govind Pal alongwith other police officials were present at Atala Dam side on Kihar Sanghni road for Nakabandi and patrol duty. At about 11.50 a.m, while they were checking vehicles, a pick-up bearing No. HP 73-2649 came from Sanghni side. The said vehicle was signaled to stop. On enquiry, driver disclosed his name as Vaneet Kumar. While they were checking the documents, a person came from Sanghni side towards Kihar, carrying a plastic sack on his right shoulder. On seeing the police party, the said person became perplexed and turned back and ran away. On suspicion, the said person was apprehended by the police officials at some distance. On enquiry, he disclosed his name as Lekh Raj. The sack of white colour on which 'Indian Sucrose Ltd' was written, was opened. In the sack one carry bag of light purple and orange colour with two strips of square pattern was found. On opening the said bag, hard substance in stick and ball form was recovered. On smelling, it transpired that the said hard substance was charas. On weighment, the contraband was found to be 7 kgs. alongwith the carry bag. The recovered contraband was put in the plastic sack. The plastic sack was put in cloth parcel and was sealed with seal bearing impression "M". NCB form was prepared. Photographs were taken at the spot. Stationed House Officer, Police Station, Kihar was informed. The Stationed House Officer, ASI Surender Singh resealed the case property after checking the same with seal bearing impression "A".

(3.) On 17/11/2017 appellant was produced before the Court. On the same day, an application was moved for certification of inventory under Sec. 52A of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act'). The Magistrate certified the inventory. The Magistrate opened the carry bag and out of the recovered contraband two samples of 26 gms each were taken out and placed on separate pieces of white paper which were then rolled up and placed inside two separate cloth parcels and were sealed with Court seal. The remaining contraband was kept in the same carry bag.