MOHAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.10.2011 rendered by the Special Judge (II), Kinnaur at Rampur in RBT No. 60-AR/3 of 2011, whereby the appellant-accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, he was further ordered to undergo simple imprisonment for a period of two years.

(2.) Case of the prosecution, in a nutshell, is that on 23.3.2011 at 12.35 P.M., police party headed by PW-5 SI Gurbachan Singh comprising of ASI Rajinder Pal, PW-2 HC Ten Singh and PW-3 HHC Kashmi Ram left Police Station, Ani in official vehicle No. HP 34-A-3830 towards Taluna side. At about 1.30 P.M., when they were present at Taluna bifurcation, vehicle No. HP-01K-6001 being driven by PW-1 Anuj Kumar came from Luhari side and stopped there. PW-1 Anuj Kumar started chatting with the police party. In the meanwhile, accused came from Taluna link road towards main Ani-Luhari road. On seeing the police party, he turned back and tried to flee. On suspicion, he was chased and over powered by the police. The place where the accused was apprehended was an isolated and secluded place. There was no habitation nearby. Therefore, SI Gurbachan Singh sent HHC Kashmi Ram in search of independent witnesses towards Haripur. He came back after ten minutes as he could not find any independent witnesses. SI Gurbachan Singh joined Anuj Kumar and HC Ten Singh as witnesses and in their presence; he informed the accused that it was intended to conduct his personal search as well as search of his bag. The accused opted to be searched by the police vide consent memo Ex.PW-2/A. Thereafter, SI Gurbachan Singh alongwith witnesses gave their personal search to the accused. No incriminating material was found from the witnesses. On checking of the accused one polythene envelope containing charas weighting 1 Kg. 930 grams was found, which was kept in the bag. The polythene envelope containing charas was put back into the same bag. It was made into parcel and sealed with seal impression 'H'. NCB form Ex.PW-5/A in triplicate was updated. Sample of seal Ex.PW-2/C was drawn and the seal was handed over to PW-1 Anuj Kumar. Rukka Ex.PW-2/D was prepared. It was sent to the Police Station, FIR Ex.PW-3/B was registered. The case property was deposited in the Malkhana by the police. The contraband was sent to F.S.L., Junga. The report of F.S.L. Ex.PW-5/D was received. Police investigated the case and the challan was put up in the court after completing all the codal formalities.

(3.) Prosecution examined as many as 8 witnesses in all to prove its case against the accused. Statement of accused under Section 313 Cr.P.C. was recorded. He has denied the case of the prosecution in entirety. Learned trial Court convicted and sentenced the accused, as noticed hereinabove.