CHUNI LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT -convict Chuni Lal, hereinafter referred to as the accused, has assailed the judgment dated 10.9.2006, passed by Sessions Judge, Mandi, Himachal Pradesh, in Sessions Trial No.38 of 2001, titled as State of Himachal Pradesh v. Chuni Lal, whereby he stands convicted of the offence punishable under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 1,00,000/ -, and in default thereof to further undergo rigorous imprisonment for a period of four years.

(2.) IT is the case of prosecution that on 4.8.2001, at about 8.35 p.m., when Inspector Ashish Sharma (PW -11) alongwith police officials, namely SI Brijesh Sud (PW -13), HC Kehar Singh (not examined), was present in Seri Bazaar (Mandi), he received secret information that passenger sitting on Seat No.34 of Bus belonging to Harison Travels, coming from Manali to Chandigarh, was carrying some contraband substance. Information was reduced into writing and sent to the superior Officer. Naka was laid and at about 9.45 p.m., bus was stopped. Accused was found sitting on Seat No.34, who was apprised of his statutory right of being searched, in accordance with law, vide Memo (Ex. PA). Accused desired to be searched by a Gazetted Officer, vide endorsement (Ex. PA/1). Accordingly, on telephone, Dy.S.P. was called on the spot. Independent witnesses Shri Khem Chand (PW -1) and Shri Yudh Chand (PW -2) were associated and before searching the accused, police officials gave their search. Accused had tied 15 packets with thread along his legs, which contained Charas. As such, they recovered and upon weighment were found to be 2 kgs 50 grams. Two samples, each weighing 50 grams, were drawn from two packets and sealed with seal of impression 'H'. From the personal search of the accused, ticket and currency notes were also recovered, which were also seized. Recovered parcels were seized vide Memo (Ex. PB). NCB form, in triplicate (Ex.PL), was also filed up. On the basis of Ruka (Ex.PK), FIR No.352, dated 5.8.2001 (Ex.PJ), under the provisions of Section 20 of the Act, was registered at Police Station, Sadar, District Mandi, Himachal Pradesh. Thereafter, accused was arrested. Case property was entrusted with MHC Prem Chand (PW -6), who through Constable Pardeep Kumar (PW -7) sent one of the sealed samples for chemical analysis to the CTL, Kandaghat and report (Ex. PL/1) obtained. Investigation revealed complicity of the accused in the alleged crime. Hence, challan was presented in the Court for trial.

(3.) ACCUSED was charged for having committed an offence punishable under the provisions of Section 20 of the Act, to which he did not plead guilty and claimed trial.