HARI LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal is directed against the judgment of the learned Presiding Officer, Fast Rack Court, Mandi in Sessions trial No. 15 of 2008, whereby, the learned trial Court convicted the appellant/accused for his having allegedly committed an offence punishable under Section 20(b) (iii)(c) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ND & PS Act)

(2.) BRIEF facts of the case which are necessary to determine the appeal are that on 2.3.2008, S.I. Dharam Singh, on the directions of the SHO, Police Station, Gohar, along with ASI Shakti Chand, H.C. Khem Chand, C. Chuni Lal, HHC Tulsi Ram and C. Virender Kumar laid a Naka for detection of cannabis, on, the National Highway, at, Shambla Chowk near Pandoh. During nakabandi, the police party inspected the vehicles plying on the road, as also, the pedestrians to determine and ascertain, as, to whether the cannabis was carried, in, vehicles or by pedestrians. At about 5.30 P.M. a person came from the dam side. He on seeing the naka party were taken aback/retraced his steps and started fleeing. On chase by the police party, he was nabbed. On inquiry, the accused disclosed, his, name to be Hari Ram son of Shri Kewal Singh, resident of Village Tandhi, Post Office Manglor, District Kullu, H.P. SI Dharam Singh suspected, that, the accused was having some contraband in his possession and thereafter, he sent H.C. Khem Chand for bringing local/independent witnesses. One local witness, Shri Balak Ram was brought on the spot and thereafter SI Dharam Singh gave his personal search to the accused in the presence of witnesses. The accused was apprised in writing about his right of search, in, the presence of a Magistrate or gazetted officer. A memo comprising the said intimation was given to the accused, was prepared by SI Dharam Singh and ASI Shakti Chand, Balak Ram and the accused put their signatures thereon. On the accused consenting to give his personal search to the police, SI Dharam Singh carried out the personal search of the accused, in, the presence of ASI Shakti Chand and Balak Ram. During the personal search of the accused, the accused was found to have wrapped around his waist a white colour polythene material like belt beneath the coat, sweater and T -shirt and upon cutting the polythene packet(cello tape) with blade, it, was found to be cannabis in the shape of sticks. C. Virender Kumar was sent for fetching the weights and scales and thereafter the cannabis was mixed and on weighment, it, was found to be 3 KG and 500 grams. Out of the recovered charas, two samples of 24 grams each were drawn for chemical analysis, which were packed in cloth parcels and were sealed with seal impression "D", at, three places each. The residue cannabis along with cover made with cello tape was put into the cloth parcel and was sealed with seal impression 'D', at, six places. The specimen of seal impression 'D' were separately drawn on a piece of cloth over which witnesses Balak Ram, ASI Shakt Chand and accused appended their respective signatures. Sample seal was handed over to ASI Shakti Chand after its use. NCB forms in triplicate were filled, in, by SI Dharam Singh on the spot. Subsequently, SI Dharam Singh took into possession all the sample parcels and the parcel of residue charas under memo which was signatured by witnesses Balak Ram, H.C. Khem Chand and the accused respectively. Rukka was prepared on the spot by SI Dharm Singh, which was sent to the police station, through, C. Chuni Lal and on, its, strength FIR was registered in the police station, Gohar. SI Dharam Singh prepared the site plan, as also, recorded the statements of the witnesses. Special report was forwarded on 4.3.2008, to, the Superintendent of Police, Mandi, through, lady constable Neelam Kumari and she handed over the same in the office of S.P., Mandi at about 10.15 A.M. over which an endorsement to this effect was made. On 2.3.2008, SI Dharam Singh deposited the sample parcels, parcel of residue charas and other related documents with SHO/Inspector Jagdish Chand, for resealing. Thereafter Inspector/SHO Jagdish Chand had resealed three parcels with his own seal impression 'T'. The sample parcels were re -sealed with seal impression 'T', at, two places each and the main parcel was sealed with seal impression 'T' at four places. An entry was made by Inspector Jagdish Chand in the column Nos. 9, 10 and 11 of the N.C.B. form. The specimen of seal impression 'T' was also separately drawn on a piece of cloth. After resealing the case property, Inspector Jagdish Chand deposited the same with MHC Inder Dev, who made an entry, in, the Malkhana Register. On 4.3.2008, MHC Inder Dev had forwarded one of the sample parcel of charas along with sample seals 'D" and "T", NCB form in triplicate, copy of FIR, seizure memo and other related documents to FSL, Junga through HHC Pardeep Kumar vide R/C No. 160 of 2008. The aforesaid constable deposited case property with FSL Junga on 5.3.2008 and handed over the receipt of deposite of case property in the office of FSL, Junga, to, MHC Inder Dev, on, his return to the police station.

(3.) ACCUSED was charged for having committed an offence punishable under Section 20(b)(ii)(c) of the ND & PS Act by the learned trial Court. In proof of the prosecution case, the prosecution examined 12 witnesses. On conclusion of recording of the prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure was recorded by the Court, in which the accused claimed false implication.