MANOJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) IN these appeals filed under Section 374 Cr.P.C., convicts Manoj Kumar and Ashok Kumar have assailed judgment dated 09.05.2011, passed by Special Judge, Una, District Una, H.P., in Sessions Case No. 23/2010, titled as State of Himachal Pradesh Versus Ashok Kumar & another, whereby they stand convicted for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) and sentenced to undergo rigorous imprisonment for a period of ten years each and pay fine of Rs.1,00,000/ - (rupees one lac) each and in default thereof, further undergo rigorous imprisonment for a period of three years.

(2.) IT is the case of prosecution that on 07.09.2010, police party headed by SI Harjit Singh (PW.8) of Police Station, Sadar, Una, accompanied by Albel Singh (PW.1) and Purshotam Lal (not examined), was on routine patrol duty. While they were standing on the road at a place known as Pir Nigah Talab, a vehicle (Tata Sumo) bearing No. HP -01B -0326 came from Pir Nigah side, which on signal stopped and on enquiry, driver disclosed his name as Manoj Kumar and the passenger sitting next to him disclosed his name as Ashok Kumar. On suspicion, police party, after joining Piare Lal (PW.7), an independent person present on the spot, searched the vehicle. One red coloured bag concealed below the driver's seat was recovered. Ashok Kumar (accused) also got down from the vehicle. Just as the bag was about to be checked, Manoj Kumar (accused) drove the vehicle away. On the asking of Harjit Singh, Albel Singh followed Manoj Kumar, but after some time returned empty handed. Harjit Singh telephonically requested SHO, Police Station, Bilaspur, to apprehend Manoj Kumar. Thereafter, in the presence of witnesses, bag was searched from which contraband substance, which appeared to be charas, in the shape of sticks, was recovered. When weighed it was found to be 3.5 kgs. The entire parcel was sealed with seal bearing impression 'A' and taken into possession vide seizure memo (Ex.PB). Impression of seal was taken on a piece of cloth (Ex.PC), also NCB forms filled up. Original seal was entrusted to Albel Singh vide memo (Ex.PD). Rukka (Ex.PW.8/A) was sent through Constable Purshotam Lal, on the basis of which FIR No. 288 dated 07.09.2010 (Ex.PW.9/A) was registered at Police Station, Sadar, Una, H.P., under the provisions of Section 20 of the NDPS Act, against the accused. Accused Ashok Kumar was arrested on 08.09.2010 vide memo (Ex.PW.8/D) and searched vide memo (Ex.DB), information pertaining to which was furnished to his brother Ashwani Kumar vide memo (Ex.PW.8/D). Harjit Singh entrusted case property to SHO, Ruldu Ram (PW.9), who resealed it with his seal bearing impression 'B' and after making entries in the NCB forms, handed over the same to MHC Ajaib Singh (PW.2). For getting the stuff chemically examined Ajaib Singh handed over the bulk parcel to Constable Naveen Kumar (PW.3), who deposited the same at the State Forensic Science Laboratory, Junga. Harjit Singh, then proceeded to Bilaspur, where accused Manoj Kumar was apprehended and detained by ASI Ajit Singh (PW.6). Manoj Kumar was then arrested on 08.09.2010 vide memo (Ex.PW.8/E) and searched vide memo (Ex.DC). Report of the Chemical Analyst (Ex.PD) was obtained by the police. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, Challan was presented in the Court for trial.

(3.) IN order to establish its case, in all, prosecution examined as many as nine witnesses. Statements of the accused under Section 313 of the Code of Criminal Procedure were also recorded, in which they took plea of innocence and false implication. No evidence in defence was led.