PARKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Prosecution story, in brief, is that on 30/10/2017 ASI Nand Lal incharge Police post Manikaran alongwith other police officials was present on Naka Bandi in official vehicle driven by driver Bhim Sen at Jai Nallah. At about 3.30 p.m., the police party noticed a person coming from from Katagla link road side. The said person was carrying a pithu bag on his back. When the said person reached the main road he saw the police party and tried to flee. On suspicion the said person was apprehended by the police party and was brought to the place where Naka had been laid. In the mean time, a vehicle bearing No. HP-01K-4032 came from Kasol side and was signaled to stop. The driver of the vehicle, namely, Than Singh was joined by the police party as an independent witness. Thereafter, the person, who had been apprehended, disclosed his name as Prakash. When the Pithu bag carried by the appellant was checked it was found it contained one blue coloured carry bag tied with a knot. When the said bag was opened, it contained 41 transparent polythene packets. On opening the said packets black coloured substance in rectangular shape, balls and sticks were found. The said substance was found to be 'charas'. On weighment, the contraband carried by the appellant was found to be 5.454 kilograms. The recovered contraband was put in the same carry bag alongwith polythene packets and was then put in the Pithu bag. The Pithu bag was made into a cloth parcel which was sealed with seal bearing impression "V". Photographs were taken at the spot. NCB form in triplicate was prepared. Ruqa was sent to the police station for registration of the case and on the basis of the same F.I.R NO. 256 was registered on 30/10/2017 at Police Station Kullu, District Kullu under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act)

(2.) On 1/11/2017 the case property was produced before the Chief Judicial Magistrate, Kullu for conducting proceedings under Sec. 52-A of the Act. Two representative samples of 25 grams each was drawn from the recovered contraband. One sample was sent to the Forensic Science Laboratory for examination.

(3.) After the receipt of the report of the Chemical Examiner and on completion of other formalities, challan was presented against the appellant.