JARNAIL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 7.3.2009 and order of conviction dated 7.3.2009 rendered by the learned Special Judge -II, Sirmaur District at Nahan in Sessions Trial No. 42 -N/7 of 2007, whereby the accused/ appellant, Jarnail Singh, who was charged with and tried for offence punishable under Section 15 of Narcotic Drugs and Psychotropic Substance Act, has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years with a fine of Rs. 1,00,000/ - and in default of payment of fine to further undergo imprisonment for a period of one year. The case of the prosecution, in a nutshell, is that on 1.2.2007 at about 10.30 p.m., PW9 ASI Bahadur Singh, the then Investigating Officer, Police Station, Paonta Sahib along with PW2 HC Dev Raj, HC Sunder Singh, PW3 HC Arun Kumar, PW4 Constable Sat Parkash and driver Tejinder Singh proceeded from the Police Station Paonta Sahib towards Behral Barrier after making an entry in the rapat Rojnamcha, Ext. PW6/ A. He received a secret information that a truck bearing registration No. HR -58 -5680 was coming from Yamuna Nagar side, in which huge quantity of contraband was being transported. This information was reduced into writing by PW9 ASI Bahadur Singh vide Ext. PW4/A and the same was sent to PW7 Padam Chand the then SDPO, Paonta Sahib through Constable PW4 Sat Parkash, which was received by him at about 11.30 p.m. A raiding party was constituted, in which PW1 Om Parkash, Ronki Ram and DW2 Tarsem Singh were associated. At about 11.05 p.m., a track bearing registration No.HR -58 -5680 came from Yamuna Nagar side being driven by the appellant. He was the only person in the truck. The truck was signaled to stop by the police party. The appellant was given option whether he intended to be searched by the Gazetted Officer, the Magistrate or by the police. However, he opted to be searched by the police party vide memo Ext. PW1 /C. Thereafter, all the police officials and other members of the raiding party gave their personal search to the appellant vide memo, Ext. PW1 /A. On search, from the cabin of the truck eight plastic bags were recovered and on opening the same, these were found to be containing poppy straw. It weighed 200 kgs. Two samples weighing 100 grams each were taken from each of the eight bags and all the samples, sixteen in number, were put in separate parcels and sealed with seal impression 'T'. Specimen of the seal was drawn separately vide Ext. PW9/B. The samples were marked 1 to 16 and the bags were also marked 1 to 8. All the sample parcels and the bags containing residue contraband were taken into possession along with truck and its documents vide memo Ext. PW1 /B. The spot map Ext. PW9/C was prepared separately. Driving licence of the appellant was taken into possession vide memo Ext. PW9/E by the police. NCB form Ext. PW9/A, in triplicate, was filled in at the spot by PW9 ASI Bahadur Singh. Ruqua Ext. PW3/A was prepared, which was sent to the Police Station through PW3 HC Arun Kumar. Thereafter, FIR, Ext. PW10/A was recorded at Police Station Paonta Sahib by PW10 Inspector Narveer Singh and the appellant was arrested. The sample parcels along with bags containing residue contraband, sample seal and NCB form were produced before PW10 Inspector Narveer Singh by PW9 ASI Bahadur Singh. He resealed all the parcels with seal impression 'W. He also affixed seal impression on NCB form and the specimen of the seal was taken separately vide Ext. PW10/B. Certificate regarding resealing was issued vide Ext. PW10/C. The case property along with necessary documents and sample seals were deposited with PW8 ASI Raghubir Singh, the then In -charge, Malkhana, Police Station Paonta Sahib. On 3.9.2007, eight samples marked 1, 3, 5, 7, 9, 11, 13 and 15 along with sample seals and NCB form were sent to FSL Junga vide R.C. No. 183/07 through PW5 Constable Hira Singh, who deposited the same there in safe condition. The special report, Ext. PW7/A was prepared by PW9 ASI Bahadur Singh and was sent to the SDPO, Police Station Paonta Sahib. According to the chemical examiner report, Ext. PW9/F, all samples were found to be of poppy straw. Thereafter, all the codal formalities were completed and the challan was put up against the accused in the Court.

(2.) THE prosecution examined as many as ten witnesses. The appellant was also examined under Section 313 Cr.P.C. He pleaded not guilty and claimed trial. In his defence, he examined three witnesses. The learned trial court convicted and sentenced the appellant, as noticed hereinabove.

(3.) MR . D.C. Pathik, learned Additional Advocate General, supported the impugned judgment dated 7.3.2009 and order of conviction dated 7.3.2009.