DEV RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both these appeals are being decided by this judgment as they arise out of the same judgment of the learned Special Judge. The appellant-Dev Raj has been convicted for offences punishable under Section 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the 'ND&PS Act') and sentenced to undergo rigorous imprisonment for five years and fine of Rs. 25,000/- .

(2.) The prosecution case is that on 30th November, 2009, police party headed by PW10 Constable Kartar Singh was at 'Hardaspura Chowk' Chamba town. At around 5.10 P.M. he found the accused carrying a bag on his right shoulder. On seeing him, the accused tried to run away which aroused his suspicion but he (accused) was nabbed. Two independent witnesses PW1 Sh. Pankaj Kumar and Sh. Kuldeep Singh (not examined) were present there. The bag of the accused was searched and it was found to contain charas in the shape of sticks and round balls etc. The contraband was found to be Kgs. The case was registered against the appellant thereafter.

(3.) The prosecution produced ten witnesses in support of its case. The case of the accused was one of the total denial. In order to prove its case, the prosecution examined PW10 Kartar Singh, Investigating Officer, who stated that on the day aforesaid, he along with other police officials were present at Hardaspur Chowk. At around 5.10 P.M., he saw the accused with a bag on his shoulder coming from Bharmour side and was proceeding towards Chamba. On seeing the police party, he tried to run away from the spot but was nabbed at a distance of about 50 metres. One Kuldeep Singh, resident of Hardaspura (not examined) and PW1 Pankaj Kumar resident of Mohalla Dhargo were present on the spot. On inquiry, the accused disclosed his name as Dev Raj son of Sh. Ujjal Singh. He was informed by the police about his legal right of search and option under Section 50 of the 'ND&PS Act'. On search of the bag, one polethene bag of green colour containing the contraband which on weighment was found to be 3 Kg. This was sealed in a parcel with four seals with impression 'k' and N.C.B. forms etc. was prepared. In cross examination he admitted that the parcel Ext.P1 was stitched with sewing machine from out side. PW2 H.C. Sh. Varinder Singh supports the case of the prosecution and corroborates the version of PW10 H.C. Sh. Kartar Singh. He admits that the accused was confronted in a busy place. To similar effect is the evidence of Constable PW3 Rajesh Kumar and PW4 Constable Mohammad Aslam, who corroborate the other witnesses in all material particulars regarding the factum of the accused being confronted in the bazaar and the contraband seized from him.