RAJESH BASMIYAT Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 2.1.2004 passed by the learned Sessions Judge, Kullu, whereby the accused -appellant (hereafter referred to as the accused) has been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereafter referred to as the NDPS Act) and has been sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 50,000/ - and in default of payment of fine to suffer further imprisonment for six months.

(2.) Briefly stated the case of the prosecution is that on 13.1.2003 ASI Shiv Singh (PW -7) alongwith HHC Ses Ram, constable Ram Chand (PW -6) and HHC Hukam Ram was present in Jari jungle in between Jari and Baladhi for patrolling and Nakabandi. At 4.15 a.m. the accused was noticed coming from Baladhi side carrying a plastic bag. PW -7 signalled him to stop whereby the accused got perplexed. He was apprehended by the police and his particulars verified. However, on enquiry as to what was contained in the carry bag, the accused did not give a satisfactory reply. Getting suspicious, PW -7 carried out the search of the carry bag in the presence of his companion police officials Ses Ram and PW -6 and the carry bag was found to contain 1.00 kg. of charas. After separating two samples of 25 grams each from the recovered charas, the samples and bulk charas were separately sealed with seal T and the seal sample whereof is Ext.PW -7/A after use was handed over to HHC Ses Ram. Memo, regarding recovery, drawing of sample and sealing the case property was prepared which is Ex. PW 6/C. A Ruka Ex. PW 7/B was prepared by PW -7 and was sent to the Police Station for registration of a case and as a consequence formal FIR Ex. PW 5/A was recorded at Police Station, Kullu. Since the recovered contraband was charas, therefore, PW -7 prepared and submitted special report Ex. PW 2/C to the Superintendent of Police, Kullu. The case property NCB Form and the accused were produced before SI Kamla (PW -5) who resealed the case property with seal H, sample whereof is Ex. PW 5/C. She filled up columns No. 9 to 11 of NCB form Ex. PW 4/C and deposited the case property, NCB form, sample seal and other documents with MHC Narain Singh (PW -4). One sample was handed over by PW -4 to HHC Lai Singh (PW -3). On 14.1.2003 for delivery at CTL, Kandaghat where he delivered the sample on 15.1.2003. On analysis, the sample was found Charas vide report Ex. PA of the Chemical Examiner, HPCTL, Kandaghat. A charge -sheet against the accused was submitted by PW -5 and as a consequence the accused came to be tried by the learned Sessions Judge, Kullu, on a charge under Section 20 of the NDPS Act.

(3.) To prove the charge against the accused prosecution examined 7 witnesses. The statement of the accused was recorded under Section 313, Cr.P.C, wherein he denied the prosecution case as a whole. However, the accused did not lead any defence evidence.