RAJESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Vide this order above mentioned three appeals would be disposed of, as these have arisen out of common judgement/order dtd. 30/5/2019/10/6/2019 passed by the Special Judge, Chamba.

(2.) Prosecution story, in brief, is that on 10/4/2018 police party was present at Chauda, near the tunnel in official vehicles No. HP48-4443 and HP-73-8754. Vipin Kumar, who was present at the spot, was also joined with the police party. At about 11.35 p.m. one swift car of white colour bearing No. HP55-B-6565 came towards Chauhra dam side from Taleru dam. The said car was signaled to stop. Three persons were travelling in the car. On enquiry, the driver disclosed his name as Sikander, whereas the person sitting on the front seat disclosed his name as Rajesh Kumar and the person sitting on the rear seat disclosed his name as Ashok Kumar. All the three occupants of the car got perplexed. The driver was asked to open the dickey and on checking it was found that one bag of cream colour was lying near the tyre inside the dickey. When the carry bag was checked, it was found that it contained one transparent poly packet containing hard substance in black colour in sticks and bundle form. The said hard substance was found to be of charas. On weighment, the contraband came to be 1.666 kgs. alongwith carry bag and poly packet. The recovered contraband was again kept in the poly packet and thereafter in the carry bag and the same was put in a cloth parcel and sealed with seal bearing impression "CF". The case property was taken in possession. Ruqa was sent to the Police Station for registration of F.I.R. Thereafter, SI/SHO Surjeet Singh arrived at the spot alongwith other police officials. The case property was produced before the Stationed House Officer.

(3.) SHO Surjeet Singh after verifying the facts resealed the case property with seal bearing impression "A". NCB form was prepared in triplicate and seal impression was also affixed on the form. Statements of the witnesses were recorded. Accused were arrested and were got medically examined. The case property was deposited with MHC Police Station Khairi alongwith NCB form. The case property was taken out from Malkhana for conducting the proceedings under Sec. 52-A of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act'). An application was moved to the Magistrate and inventory of the contraband was prepared. The Magistrate issued certificate Ex.PW-19/J and Ex.PW-19/K and handed over two sample parcels weighing 26 gram each alongwith bulk contraband to SI Surjeet Singh. One sample was sent to Forensic Science Laboratory for examination and as per report Ex.PX sample was opined to be of 'Charas'.