SANJU Vs. STATE OF H.P.

JUDGEMENT

(1.) Both these appeals have been taken up for hearing and are being decided together as these arise from the same judgment of conviction dtd. 8/3/2021,passed by learned Special Judge, Chamba in Sessions Trial No. 25 of 2018.

(2.) The case of prosecution is that on 21/11/2017, PW-9 HC Kuldeep, PW-10 Constable Yog Raj and PW-23 HC Vivek Kumar were at place 'Tunnuhatti' within the jurisdiction of Police Station, Chuwari, District Chamba, H.P. At about 10.45 A.M one HRTC bus bearing No. HP-73-4528 enroute from Chamba to Katra was stopped for checking. Appellant Ram Singh was found occupying seat No. 25 with a carry bag in his possession. On noticing the police officials inside the bus, appellant Ram Singh got perplexed and tried to hide the carry bag under the seat. On suspicion, police officials checked the carry bag possessed by appellant Ram Singh. It was found containing another carry bag with three transparent polythene packets therein. The transparent polythene packets contained black coloured hard substance in the shape of sticks and balls, which on smell and on the basis of experience was suspected to be the 'Charas' (Cannabis). PW-23 HC Vivek Kumar telephonically requisitioned electronic weighing scale from Police Post, Bakloh. Passengers occupying seat Nos. 27 and 28 besides driver and conductor of the bus were associated as independent witnesses. PW-5, Constable Ram Chand brought the electronic weighing scale to the spot from Police Post, Bakloh. The recovered 'Charas' was weighed and found 3.180 KG in weight. The recovered charas was packed in the carry bag from which it was recovered and the carry bag in turn was placed in a cloth bag, which was sealed with nine seals of mark 'CF'. The relevant columns of NCB Form Ext. W-19/C were filled. Seizure Memo Ext. PW-1/A was prepared. 'Rukka' Ext. PW-10/A was sent to Police Station, Chuwari for registration of FIR, on the basis of which, FIR Ext. PW-14/A was registered. Appellant Ram Singh was formally arrested and the investigation was handed over to Inspector/SHO Mohinder Singh (PW-19). The seized contraband along with sample seals and accused were handed over to PW-19, who conducted re-sealing proceedings on the spot by affixing three seals mark 'CG'. The contraband along with other collected evidence was deposited in the Malkhana of the police station.

(3.) On 22/11/2017, PW-19 moved an application Ext. PW-19/D before the learned Judicial Magistrate, 1st Class Dalhousie along with inventory of the seized contraband Ext. PW-19/F with a prayer to certify the correctness of inventory, permit taking of photographs of seized items, allow drawal of samples of the seized contraband and to certify the list of samples. Proceedings under Sec. 52A of the NDPS Act were conducted. The learned Judicial Magistrate, 1st Class, Dalhousie passed order Ext. PW-19/H and issued certificate Ext. PW-19/J.