SONI Vs. STATE OF H.P.

JUDGEMENT

(1.) Since both these appeals arise out of the same judgment, therefore, are being disposed of by this common judgment.

(2.) In brief, the facts leading to the presentation of these appeals are as follows: - On 1.3.2000, A.S.I. Amar Singh (PW -11), alongwith Constables Chamel Singh (PW -10) and Rajinder Singh (PW -4), was on traffic duty at Tunuhatci. At about 11.45 a.m. HRTC Bus No. HP 38 -2458 bound from Jhajakoti to Pathankot was stopped by the police for the purpose of checking. At the time of checking appellants/accused (hereinafter referred to as the accused) were found sitting near the rear window of the bus while they were having one plastic envelope each in their laps. On checking, both the envelopes were found to contain charas. On enquiry, the accused disclosed their names and addresses. The police party made them to alight alongwith the envelopes containing charas and took them to the Check Post Gumti in the presence of Parkash Chand and Vinajy Kumar and they were detained in the Gumti. A Ruka Ext. PH was prepared by PW -11 and was sent to Police Station, Dalhousie through PW -4 for registration of the case with the request to the S.H.O. to visit the spot for taking further action. The S.P. and S.D.P.O. concerned were also informed telephonically. On the basis of Ruka Ext. PH formal F.I.R. Ext. PK was recorded at the Police Station. On receipt of the telephonic information, PW -12 reached the spot. He conducted the search of the accused in the presence of Vijay Kumar (PW -1), Parkash Chand, Constable Jagdish Chand, PW -10 and PW -11. The accused were given the option of being searched in the presence of some Police Officers of the higher rank or some Gazetted Officer and they consented for being searched by PW -12 vide Memo Ext. PA and PB. The search was then conducted and on search of the plastic envelope in possession of accused Raju, one Pant, one Jersy and two plastic envelopes containing charas were found. On search of the plastic envelope in possession of accused Soni, one Pant, one shawl and a plastic envelope containing Charas were found. On weighment, the Charas found in one of the envelope in possession of accused Raju weighed 1 kg. 900 grams and that found in the other envelope weighed 350 grams. Charas found in the envelope in possession of accused Soni weighed 1 kg 300 grams. Samples of the Charas so recovered each weighing 50 grams were drawn from the different envelopes containing bulk Charas and samples so separated and the remaining Charas were made into separate parcels which were sealed with seal A. Seal after use was handed over to Parkash Chand vide Memo Ext. PC. The accused were arrested and informed of the grounds of arrest vide Memo. Ext. PD. The recovered Charas and samples thereof were deposited by PW -12 with Rajesh Kumar (PW -8) the then MHC Police Station, Dalhousie on the date of recovery for being kept in safe custody, who deposited the case property in the Malkhana. On 5.3.2000 out of the six samples, three sample parcels were sent by him to CTL Kandaghat through LHC Dev Dutt (PW -7). On analysis in the Laboratory all the three samples were found Charas vide reports Exts. PQ, PR and PS. The Officer Incharge of the concerned Police Station submitted a charge -sheet against the accused persons against whom the learned Sessions Judge, Chamba framed charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act). The accused pleaded not guilty and claimed to be tried.

(3.) To prove the charges against the accused, prosecution examined as many as 13 witnesses. Statements of the accused persons were recorded under Section 313 Cr. P.C. wherein they denied the prosecution case and pleaded to be innocent and claimed that they have been falsely implicated in the case. The accused, -however, did not lead any defence.