HARI SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 14.9.2011 and consequent order dated 15.9.2011, rendered by the learned Special Judge, Chamba, in Sessions Trial No. 15 of 2011, whereby the appellant -accused (hereinafter referred to as the accused) who was charged with and tried for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, was convicted and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. One lac and in default of payment of fine, he was further ordered to undergo simple imprisonment for one year. The period already undergone by the accused in custody during the trial was ordered to be set off as per Section 428 Cr.P.C.

(2.) THE case of the prosecution, in a nut shell, is that on 5.3.2011, at about 4:15 PM the accused carrying a Naswari colour (dharidar) bag on his right shoulder came from Sarol side. On seeing the police he turned back and started running. On being suspected that he was having narcotic substance in his bag, he was overpowered by ASI Kuldeep Singh, with the help of other police officials. In the meantime, Hanif Mohammad son of Sher Mohammad arrived at the spot and was associated in the investigation as an independent witness. In his presence as well as in the presence of the police officials, ASI Kuldeep Singh apprised the accused of his legal right to be searched before the Magistrate or the Gazetted Officer. He gave his option to be searched by the police. The bag was searched, from which a white coloured plastic envelope, containing charas was recovered. The charas was weighed. It weighed 1 kg and 800 gms. He put the recovered charas in the same envelope. The envelope was put in the bag and bag was parceled and sealed with ten seals of seal 'K'. Specimen of seal 'K' was also taken on the cloth and facimal of seal on NCB forms. Seal 'K' was handed over to HC Raghubir Singh and parcel containing charas was taken into possession by ASI Kuldeep Singh. 'Ruka' was prepared and sent to the Police Station, Chamba through H.H.C. Karam Chand. The F.I.R. was registered against the accused. Special report was also sent to the Superintendent of Police, Chamba. He also prepared the site plan and recorded the statement of witnesses on the spot. On reaching the Police Station, ASI Kuldeep Singh produced the case property before S.I. Piar Chand i.e. PW -8 for resealing. Resealing was done and deposited with the MHC. The same was sent to F.S.L. Junga, through Constable Krishan Kumar. The F.S.L. report was got prepared. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) MR . Pardeep K. Sharma, Advocate, appearing vice Mr. Anup Chitkara, Advocate, for the accused has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. M.A. Khan, learned Addl. Advocate General, has supported the judgment of the learned Special Judge, Chamba, H.P. dated 14.9.2011 and consequent order dated 15.9.2011.