KISHAN CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant has filed the appeal challenging the judgment/ order dtd. 9/3/2021/12/3/2021, passed by the Special Judge, Chamba Division, Chamba, H.P., whereby, he has been convicted and sentenced as under:- <FRM>JUDGEMENT_55_LAWS(HPH)4_2023_1.html</FRM>

(2.) Prosecution story, in brief, is that on 11/3/2018 Head Constable Vijay Singh, alongwith other police officials had gone to Tissa side in connection with investigation of case F.I.R No. 24/2018 dtd. 12/1/2018 registered under Sec. 457 and 380 I.P.C., in search of accused Noor Mohammad alias Lali. At about 9.40 a.m., a person came on foot from the side of village Bhandla. On inquiry, the said person disclosed his name as Hemant Kumar. While the police party was inquiring from Hemant Kumar about accused Noor Mohammad alias Lali, one person came from Kandla side, on foot, carrying a white and chocolate coloured bag in his right hand. On seeing the police party, the said person tried to flee from the spot. On suspicion, the police party apprehended the said person and on inquiry he disclosed his name as Kishan Chand (appellant). The plastic carry bag carried by the appellant bore the inscription in English 'Royal Manbhawan'. Hemant Kumar was joined as an independent witness with the police party. When the bag of the appellant was checked it was found that it contained two carry bags, one of light green colour and other one was of white colour. On opening both the bags it was found that they contained charas/cannabis in the form of sticks. On weighment, the contraband in white coloured bag weighed 2.900 kilograms, whereas, the black poly pack contained 2.606 kilograms of charas. Thus, in all the appellant was found in possession of 5.506 kilograms of charas/cannabis. The recovered contraband was made into a sealed parcel and was sealed with 8 seals bearing impression 'SA'. NCB form was prepared. Site plan at the spot was prepared. Ruqa was sent to the Police Station through HHG Raj Kumar for registration of the case. Photographs were taken at the spot. Appellant was arrested and his daughter was informed with regard to his arrest. Appellant was produced before the H.C. Dinesh Kumar alongwith the case property. H.C Dinesh Kumar after verifying the sealed cloth parcel, resealed it with six seals bearing impression 'SB'.

(3.) On 12/3/2018 appellant was produced before the Court of Chief Judicial Magistrate, Chamba for proceedings under Sec. 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). The Chief Judicial Magistrate drew two samples of 26 grams each from both the packs and sealed them with seal impression 'CJMCBA'.