PREM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The presented appeal has been preferred by the appellant Prem Singh, accused against the judgment dated 1 3.2002 of the learned Sessions Judge, Kullu, in Sessions Trial no. 84 of 2001 whereby the accused has been convicted for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and upon such conviction, he has been sentenced to rigorous imprisonment for ten years and a pay a fine of Rs. one lac. In default of payment of fine, he has been sentenced to undergo imprisonment for a further period of one year.

(2.) Briefly stated, the prosecution story is this. On 22.6.2001 at about 8.45 AM PW10 Head Constable Harbans Kumar along with Head Constable Chet Ram, HHC Shyam Singh mid PW9 Constable Vijay Kumar was present at the Forest Chief Post Larji in connection with routine patrolling and detection of crimes. He noticed the accused carrying a bag on his left shoulder coming from Sainj side. The accused was stopped and upon enquiry, he disclosed his identity and Ms being a resident of Nepal. The conduct of the accused raised a suspicion in the mind of PW10. he, therefore, in the present of PW7 Mohar Singh, vice President of Gram Panchayat Dueshar and DW1 Bhagat Ram, an employee at the Forest Check Post, Larji, expressed an intention to carryout the search of the accused Option was given to the accuse4d, if he would like to be searched before Gazetted Officer or a Magistrate. The accused opted or search by PW10 vide consent memo Ex.PW7/A During the course of search of the bag being carried by the accused. Charas in the form of sticks and tablets were recovered wrapped in polythene and kept in another bag. The Charas so recovered on weightment was found to be 2960 grams. Three samples weighing 25 grams each were separated and such three samples and the remaining bulk erf Charas were separately sealed with the seal mark H and taken into possession vide memo Ex.PW7/C. The accused, after being informed of the grounds, was arrested.

(3.) Rukka Ex.PW1Q/B was sent to the Police Station, on the basis of which formal FIR Ex.PW6/A came to be registered. PW1Q on return to the police station produced the case property before PW6 Inspector Sanjay Kumar. In -charge Police Station, Banjar, who resealed all the packets with the seal mark "T" and deposited the same in the Malkhana. One of the seal sample was sent to the Chemical Laboratory on 23.6.2001 which on analysis vide report Ex.PW6/D was found to be "Charas". On completion of investigation, the accused was sent up for trial