MAUSAM DEEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since both these appeals emanate from a common judgment, therefore, they were taken up together for consideration and are being disposed of by way of a common judgment.

(2.) The case of the prosecution against the appellants is that on 10/11/2015, HC Virender Singh (PW-11) alongwith HHC Mohd. Aslam (PW-2), C. Yog Raj (PW-1) and C. Sanjay Kumar were present at Jassourgarh Zero Point in connection with Nakkabandi and traffic checking alongwith government vehicle, I.O. bag, Mega light, government Camera vide rapat No.3 (Ext.PY). At about 12.15 a.m. (night), one vehicle bearing registration No. HP-44-2087 (Maruti car) came from Jassourgarh road to Jassourgarh Zero point. In the above said vehicle only the driver was sitting. The vehicle was signalled to stop and the documents were asked from the driver for checking. On asking the credentials of the driver, he disclosed his name as Varinder Singh son of Sh. Gian Singh, r/o VPO Kalhel. While HC Virender Singh (PW-11) was talking to the driver, at the same time two persons came from the side of Madhuwad road towards Jassourgarh Zero Point. One of them was carrying a Pithu Bag at that time. On seeing the police party, both the persons turned back and tried to run away from the spot. On suspicion, both the persons were nabbed at some distance by the IO/ HC Virender Singh (PW-11) with the help of police personnel present on the spot. The person, who was carrying the Pithu bag, disclosed his name Mausam Deen and the other person, disclosed his name as Rasheed Mohd.

(3.) Thereafter, the NCB forms in triplicate Ext.PW-11/A were filled-in on the spot. The seal 'N' was embossed on the NCB forms in triplicate. Sample seal (Ext.PW-1/A) was drawn on a separate piece of cloth. The seal after use was handed over to C. Yog Raj (PW-1). The parcel containing charas, NCB forms in triplicate, sample seal were taken into possession vide recovery and seizure memo Ext.PW-1/B. The sample seal Ext.PW-1/A, recovery, seizure memo Ext.PW-1/B and sealed parcel Ex.P-1 were signed by HC Virender Singh (PW-11), witnesses Sh. Virender Kumar (PW-3), HHC Mohd. Aslam (PW-2) and C. Yog Raj (PW-1) and the appellants. Thereafter, HC Virender Singh (PW-11) prepared the rukka Ext.PW-11/B and sent the same to P. S. Tissa through HHC Mohd. Aslam (PW-2) for the registration of the FIR. On the basis of rukka, ASI Ravinder Singh registered the FIR EX.PW-13/A. The copy of the rukka Ex.PW-8/A was sent through C. Sanjay Kumar to S. P. Chamba for information.