MAN BAHADUR Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT -convict Man Bahadur, hereinafter referred to as the accused, has assailed the judgment dated 28.7.2007, passed by Special Judge (Fast Track), Kullu, Himachal Pradesh, in Sessions Trial No. 35/2006, titled as State of H.P. v. Man Bahadur, 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 NDPS 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 one year.

(2.) IT is the case of prosecution that on 30.4.2006, ASI Lalman (PW -3), who was Incharge of Police Post, Manikaran alongwith HHC Hem Raj (PW -1), HHC Om Prakash (PW -2) and Constable Chaman Lal (not examined) had laid a Naaka at Reuni Nullah. At about 5.30 a.m., accused Man Bahadur, after seeing the police party on the spot, tried to flee away. On suspicion, he was apprehended. He may be carrying a bag, in which it was suspected that he was carrying a contraband substance. HC Hem Raj (PW -1) was sent to search for independent witnesses, but since none was available in the vicinity. After informing the accused of his right of being searched before a Magistrate or a Gazetted Officer, he gave his consent (Ex. PA) of being searched by the police party. After giving their personal search, accused was searched by the police party and from the bag charas like substance was recovered. The same was weighed and found to be 4.400 kgs. Two samples, each weighing 25 grams, were separated and sealed with four seals of impression 'T'. The remaining bulk parcel was also sealed and the contraband substance seized vide Memo (Ex. PD). Search and seizure operations were carried out in the presence of Hem Raj (PW -1) and Om Parkash (PW -2). NCB form (Ex. PF), in triplicate, was filed up on the spot and Rukka (Ex. PG) sent through Hem Raj to Police Station, Kullu, for registration of the case. ASI Rinchen Gyalsten (PW -6), Police Station, Kullu, registered FIR No. 193, dated 30.4.2006 (Ex. PN), under the provisions of Section 20 of the NDPS Act. Accused was arrested on the spot. After conducting investigation on the spot, ASI Lalman handed over the case property to SHO Sarwan Kumar (PW -8), who after resealing the same handed it over to MHC Roop Singh (PW -4). Special Report (Ex. PJ) was sent to Dy. SP of the concerned area. Sealed samples were sent for chemical analysis to CTL Kandaghat through Sunder Lal (PW -5). Report (Ex. PR) of the Chemical Examiner was obtained, which revealed the contraband substance to be Charas. On completion of investigation, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as nine witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he took a defence of false implication. Initially, accused expressed his desire to lead evidence in defence, but later on chose not to do so and made statement to this effect.