PAPPUDEEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant appeal, appellant has assailed judgment dtd. 30/8/2008, passed by learned Special Judge, Chamba Division, District Chamba, H.P. in Sessions Trial No. 60 of 2007 along with sentence order dtd. 1/9/2008, whereby the appellant has been convicted for offence under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act (for short the Act), and has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5000.00 and in default of payment of fine to undergo simple imprisonment for a period of one month.

(2.) The prosecution case in nut-shell was that on 23/2/2007, PW-11, SI, Abhay Singh along with PW-1 ASI Ramesh Kumar, PW-2, Constable Suneel Kumar, PW-3 SPO Darshan Singh, and PW-7 Salim Khan were present at Madhuwar in connection with patrolling duty and traffic checking. At about 6.10 P.M., a Maruti Van No. HP 57-1243 was stopped for checking. Appellant was driving the said vehicle and there was none else occupying the same. Charas was recovered, wrapped in white coloured polythene and kept in the dashboard of the vehicle. The charas was weighed and found to be 900 grams. Two samples of 25 grams each were drawn. The samples and also the bulk of charas were placed in separate cloth parcels and sealed with seal impressions 'T' and 'S'. Recovery and seizure memo Ext. PW-1/A was prepared. Facsimile of sample seals 'T' and 'S' were preserved as Ext. PW-1/B. Relevant columns of NCB form Ext. PW-11/A were filled by PW-11 SI Abhay Singh. Rukka Ext. PW-11/B was prepared and was sent to Police Station, Tissa for registration of case through PW-3, SPO Darshan Singh. A copy of Rukka was handed over to PW-2, Constable Suneel Kumar for submission to Superintendent of Police, Chamba. FIR Ext. PW-8/A was registered. Site plan Ext. PW-11/C was prepared. Appellant was formally arrested. The recovered contraband along with appellant was forwarded to the Police Station. SHO Swaru Ram conducted re-sealing proceedings. The contraband along with sample seals was deposited in the Malkhana at Police Station, Tissa. The samples of charas were sent for chemical analysis to SFSL, Junga and as per report Ext. PA, the same was found to be charas. Challan was prepared and presented in the Court.

(3.) Appellant was charged for commission of offence under Sec. 20 of the Act. Prosecution examined total 11 witnesses. PW-1, ASI Ramesh Kumar, PW-2, Constable Suneel Kumar, PW-3, SPO Darshan Singh, PW-7 Salim Khan were examined as spot witnesses. PW-11 SI Abhay Singh was examined as spot witness and the Investigating Officer. PW-4, Constable Om Parkash was examined to prove receipt of copy of Rukka Ext. PW-4/A and Special Report Ext. PW-4/B in the office of Additional Superintendent of Police Chamba. PW-5, Constable Tilak Raj deposed regarding re-sealing process conducted by SHO Swaru Ram. PW-6, Bansi Lal stated that the police had taken from him the weights and scale on 23/2/2007. PW-7 Salim Khan the alleged eye witness had turned hostile and did not support the case of prosecution. PW-8 HC Charan Singh proved the safe deposit of contraband in the Malkhana. PW-9 Kamlesh Kumar proved the safe transit and custody of the samples of contraband from Police Station to SFSL, Junga. PW-10, Constable Dev Raj was a formal witness and proved daily diary reports 10 and 7, as Ext. PW-10/A and Ext. PW-10/B.