LAL CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The challenge herein in this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C'), is against the judgment and order dated 7.11.2009, whereby the appellant herein, who shall hereinafter be referred to as 'the convict', was tried by the learned Special Judge, Chamba (HP), for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') and was ultimately convicted and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- (Rs. One Lac ) and in default to suffer further imprisonment for a period of one year.

(2.) Briefly stated facts of the case are that on 9.2.2009, at about 6.50 AM, a police party headed by HC Deepak Kumar, PW-12, of which HC Virender Singh, PW-1, C. Ajay Kumar, PW-2, C. Tilak Raj, PW-6, SPO Bhikham Singh, PW-4 were members, was present at 'Bunderi Morh', District Chamba in connection with nakabandi. In the meantime, the convict was found coming from Junmas side carrying a 'Boru' (a small gunny bag) on his shoulder, who on seeing the police, at once turned around and tried to flee. On being suspected, he was apprehended by the police. The convict was apprised of his right to be searched either before a Magistrate, Gazetted officer or any other police officer vide memo Ex.PW-1/A. The convict opted to be searched by the police. The Boru being carried by the convict was searched by the police. The same was found to be containing another Boru and on opening the same, charas in the shape of sticks was found therein. The recovered contraband was weighed by the police and was found to be 9 Kgs. Thereafter, two samples of 25 grams each were separated from the recovered contraband and put in empty cigarette packets, which were sealed with seal 'T' at three places each after putting in separate parcels. Whereas the remaining charas was thereafter put in the same gunny bags after sealing it with the same seal at five places. Specimen of seal impression was also taken separately, which is Ex.PW-1/B. The sample parcels and parcel containing remaining charas were taken into possession vide memo. Ex.PW-1/C and the seal after use was handed over to HC Virender Singh, PW-1. NCB-I Form Ex.PW-11/B was prepared in triplicate and seal impression was also taken on the same. Rukka Ex.PW-12/A was prepared and sent to Police Station, Tissa, for registration of a case through SPO Bhikham Singh, PW-4, on the basis of which FIR Ex.PW-12/A was recorded. One copy of rukka was sent to the Superintendent of Police, Chamba, through constable Tilak Raj, PW-6. Thereafter the convict was arrested.

(3.) The case property alongwith NCB-I Form and sample seal was produced by PW-12 HC Deepak Kumar before Inspector Brij Mohan Sharma, PW-11, who re-sealed the sample parcels with seal 'H' by affixing three seals on each parcel, whereas the parcel containing bulk of the recovered contraband was resealed with the same seal at five places vide memo Ex.PW-5/B. Specimen impression of the seal used for resealing the case property was also prepared, which is Ex.PW-5/A. Seal impression of the seal used for resealing was also affixed on the NCB-I Form by the said SHO, who also filled the relevant columns thereof. Thereafter, the case property alongwith specimen seal impressions and NCB Forms was deposited with HC Manohar Lal, PW-3, who was officiating as MHC Police Station, Tissa, regarding which he made entry in the Malkhana Register, abstract of which is Ex.PW-3/A. He sent one of the sample parcel for chemical examination to State Forensic Science Laboratory, Himachal Pradesh at Junga, through constable Tilak Raj, PW-6, vide RC No. 168/2009, copy of which is Ex.PW- 7/A.