HIRA LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 17.5.2011 and consequent order dated 19.5.2011, rendered by the learned Special Judge -II, Solan, in Sessions Trial No. 11 -S/7 of 2010, whereby the appellant -accused (hereinafter referred to as accused) who was charged with and tried for offence under Sections 18 & 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of rupees one lac and in default of payment of fine he was ordered to suffer imprisonment for one year under Section 20 of the ND & PS, Act. The period of detention undergone by the accused during the investigation and trial of the case was ordered to be set off under Section 428 Cr.P.C. However, he was acquitted under Section 18 of the ND & PS, Act.

(2.) THE case of the prosecution, in a nut shell, is that on 3rd /4th January, 2010, PW -12 HC Krishan Chand, PW -4 HHC Avtaar Singh, HHG Himmat Singh, HHG Rikhi Ram and HHG Sanjeev Kumar were on 'naka' duty on National Highway 22 in front of the Police Station, Dharampur. The police stopped a bus bearing registration No. HP -25A -0704, enroute from Reckong Peo to Delhi at about 12:15 AM. It was checked. The Police party got the luggage of the passengers checked. PW -1, Malkiat Singh was driver and PW -11, Jitender Kumar was conductor of the bus. They were associated for search of luggage of the passengers. When the police party reached near the seat No. 34, the accused became perplexed. The accused was carrying a black coloured bag on his lap, having a sticker of 'Crocodile' printed on it. The bag of the accused was checked in the presence of PW -11, Jitender Kumar, conductor of the bus and PW -9, Ravi Sharma, the occupant of seat No. 36. The bag was found containing a packet wrapped with adhesive tape and newspaper. It was opened in the presence of witnesses and found containing charas in the shape of balls and sticks. Another packet duly wrapped with adhesive tape was also recovered from the possession of the accused. On checking, it was found containing opium. The contraband was identified on the basis of taste and smell, vide memo Ext. PW -9/B. The accused alongwith the contraband and witnesses was taken to the courtyard of the Police Station for further proceedings, since there was no sufficient light in the bus. PW -4, HHC Avtaar Singh was deputed to bring weights and scale. The charas weighed 5 kg 500 gms and opium was weighed to be 200 gms. The charas and opium were sealed in two separate cloth parcels, with ten and eight impressions of seal 'X', respectively. The NCB form was filled up. The seal after its use was entrusted to PW -9, Ravi Sharma.

(3.) THE prosecution has examined as many as 12 witnesses to prove its case. The accused was also examined under Section 313 Cr.P.C. The accused has denied having committed any offence. According to him, nothing was recovered from him and he was falsely implicated. He denied that he was sitting on seat No. 34 of the bus and the bag belonged to him. The learned trial Court convicted the accused, as noticed hereinabove.