JAGPAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment rendered on 3.12.2008, by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushehar, in NDPS Act Case No. 27 of 2007, whereby the appellants have been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. One lac for the commission of offence punishable under Section 20(c) of the Narcotic Drugs and Psychotropic Substances Act and in default of payment of fine, they have been sentenced to undergo rigorous imprisonment for two years.

(2.) THE prosecution case is that on 23.2.2007, at about 4.05 a.m., Head Constable Ram Lal, Police Station, Rampur, alongwith Constable Harish Kumar, Constable Partap Singh, was on nakabandi, on National Highway -22, near Bazeer Bawadi, in a government vehicle bearing registration No. HP -02 -0262. At the place aforesaid, they sighted a Maruti Car bearing Number CH -01Y -0715, coming from Nirmand side, which vehicle on being signaled to stop, did not obey the command of the police party. Subsequently, HC Ram Lal alongwith other police officials, chased the Maruti Car bearing Number CH -01Y -0715, and, overpowered the Maruti Car at place Talai. Three persons were found to be occupying the car. On Inquiry, the police found that the accused Suresh Kumar was driving the car and accused Raj Kumar was occupying the vehicle, as, its owner and accused Jagpal was also sitting in the car. On suspicion of the accused transporting stolen property in the car, Head Constable Ram Lal carried out, search of the car, in, the presence of the police officials. On search, he recovered 14 polythene packets from the car. Out of the 14 packets, 4 packets each were concealed under the covers of the front doors and 6 packets were concealed under the rear seats. The packets contained 'charas' in the shape of sticks and balls. The charas was weighed on a scale brought by Shri Harish Kumar. The weight of the charas recovered from the front door was found to be 2 kgs. each and that of charas recovered from under the rear seat was found to be 3 kgs. Out of charas recovered from the front driver's door on drivers side, 4 samples of 25 grams each were separated. Out of the charas, recovered from the door on the left side of driver, 4 samples of 25 grams each were separated and 4 samples of 25 grams each were taken from the 6 packets recovered from the seat. The sample parcels were sealed with 3 seals bearing Mark 'H'. The bulk of charas was, also, sealed in separate parcel with seal 'H' and the specimen of seal impression Ex. PW -6/A, was drawn. NCB form, in, triplicate was un -dated and seal was handed over to Constable Harish Kumar. The charas, sample parcels and the specimen seal impression were taken into possession vide memo Ex. PW -1/A. Rukka Ex. PW -6/J was prepared and forwarded through Constable Partap Singh to the Police Station, for, the recording of FIR Ex. PW -9/A. The investigation was conducted by ASI Hari Bhagat. After taking case property and documents per inventory list Ex. PW -8/J, dated 23.2.2007 from Head Constable Ram Lal, ASI Hari Bhagat prepared site plan Ex. PW -8/A, and, case property was handed over to Sh. B.D. Bhatia, SHO, who re -sealed the case property with seal 'A' and deposited the same with PW -3 MHC Devi Singh. Special Report Ex. PW -7/A qua the recovery of charas, was sent to the Sub Divisional Police Officer, Rampur through Constable Surinder Kumar. The samples were sent to Forensic Science Laboratory, Junga, for chemical examination, through Constable Surinder Kumar and the same were found to be samples of charas, vide, Ex. PW -8/B.

(3.) THE accused did not plead guilty to the charge and claimed to be tried.