KHEM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellants-convicts Khem Chand, Guddu Ram and Kuldeep Singh, hereinafter referred to as the accused, have assailed the judgment dated 6.7.2011, passed by Special Judge, Solan, Himachal Pradesh, in Sessions Case No.1-S/7 of 2010, titled as State of Himachal Pradesh v. Khem Chand & others, whereby they stand convicted of an offence punishable under the provisions of Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for ten years and pay fine of '1,00,000/- each, and in default thereof to further undergo rigorous imprisonment for a period of two years.

(2.) It is the case of prosecution that in the night intervening 30.12.2009 and 31.12.2009, ASI Hoshiar Singh (PW-12) alongwith police officials Anil Kumar (PW-1), Vikesh Kumar (PW-2), Raj Pal (not examined) and Home Guards Raju Singh & Prakash Chand was on a patrol duty. He has set up a Naka at Kasauli Chowk, Parwanoo (H.P.). At about 4.30 a.m., one Car bearing No. HP-35B-0300, driven by accused Kuldeep Singh, came from Kasauli side. In the car, accused Khem Singh and Guddu Ram were also sitting. The vehicle was stopped for checking. Police party noticed accused Khem Singh sitting on the rear seat trying to drag the bag (Ex. P-3) kept on his lap. Suspecting that there may be a contraband substance in the vehicle, ASI Hoshiar Singh sent written intimation (Ex. PW-1/A & 1/B) to the SDPO Parwanoo through Constable Anil Kumar (PW-1). Accused, who were informed of their statutory rights of being searched, vide memo (Ex. PW-2/A) offered to be searched by the police party present on the spot. Investigating Officer first gave his search and thereafter searched the vehicle. From the bag (Ex. P-3), two packets containing Charas, weighing 1.5 kgs and 500 grams each, were recovered. They were weighed with the help of weighing scales kept in the IO Kit and sealed with seal impression H and seized vide Memo (Ex. PW-2/B). Specimen impression of seal H was drawn on Memo (Ex. PW-2/F). Necessary formalities of filling up of NCB form, in triplicate, were completed on the spot. Ruka (Ex. PW-5/A) was sent through Constable Raj Pal (not examined), on the basis of which FIR No.111, dated 31.12.2009 (Ex. PW-5/B), under the provisions of Section 20 of the NDPS Act, was registered at Police Station Parwanoo by SHO Gobind Ram (PW-5). Accused were arrested vide Memos (Ex. PW-12/E, 12/F & 12/G). Hoshiar Singh handed over the case property to Gobind Ram, who resealed the same with his seal impression S and after filling up the remaining portion of the NCB forms, deposited the same with MHC Bhagirath (PW-10) to be kept in the Malkhana. For obtaining report of the Chemical Analyst, sealed parcel was handed over by Bhagirath to Constable Ram Swaroop (PW-11), who deposited the same at the Forensic Science Laboratory (FSL), Junga, vide Road Certificate (Ex. PW-10/C). Report (Ex. PW-5/H) from the Laboratory was taken on record. Investigation revealed the accused to have spent the night at Gagan Hotel, Parwanoo, as such, extract of the register of entry (Ex.PW-3/A) was taken by the police on record. Police party also clicked photographs of the accused, evidence pertaining to which was also taken on record. As such, 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.) Accused were charged for having committed an offence punishable under the provisions of Section 20 of the NDPS Act, to which they did not plead guilty and claimed trial.