LAWS(HPH)-2014-6-170

MOHAMMAD RAFIK Vs. STATE OF H P

Decided On June 24, 2014
Mohammad Rafik Appellant
V/S
STATE OF H P Respondents

JUDGEMENT

(1.) Present appeal filed against the judgment and sentence passed by learned Special Judge Fast Track Court Chamba in Sessions Trial No. 9/06/2005 titled State of Himachal Pradesh Vs. Mohammad Rafik decided on 20th December 2006.

(2.) Brief facts of the case as alleged by the prosecution are that on dated 30th November 2004 in the evening a police party headed by HC Subhash Singh was on routine patrol and were present at zero point Goli. It is alleged that Car No. HP-47- 1624 came from Chamba side and same was stopped by the police officials for checking purpose. It is alleged that Sh Tilak Raj was driving the Car whereas Sh Parkash Chand was sitting in it. It is further alleged by prosecution that when the police officials were checking the documents of the said Car accused Mohammad Rafiq came from Chauhra road side covered himself with brown colour shawl. It is further alleged by the prosecution that when the accused saw police officials the accused turned back and tried to run away from the spot. It is further alleged by the prosecution that on suspicion the accused was chased and overpowered by the police officials. It is further alleged that shawl Ext P1 was removed and it was found that accused was carrying bag Ext P2. It is further alleged by the prosecution that bag Ext P2 was opened and checked by the police officials and in the bag charas in the shape of balls and sticks found. It is further alleged by the prosecution that HC Subhash Singh deputed Constable Rajesh Kumar to bring the weights and scale to the spot and thereafter Constable Rajesh Kumar brought the weights and scale from the shop of PW3 Sh Kishu Ram and thereafter the charas was weighed. It is further alleged by the prosecution that 2.5 Kg charas was found from the possession of the accused. It is further alleged by the prosecution that out of the recovered charas two samples of 25 grams each of Charas were took out and remaining charas was put in the bag itself. It is further alleged by the prosecution that charas was sealed with seal impression 'A' and took into possession vide memo Ext PA. It is further alleged by the prosecution that parcel of the shawl was prepared which was also sealed with seal impression 'A'. It is further alleged by the prosecution that seal after use was handed over by HC Subhash Singh to HC Constable Parkash Chand. It is further alleged by the prosecution that HC Subhash Singh sent rukka Ext PB through Constable Rajesh Kumar to SHO Police Station Dalhousie and on the basis of said rukka FIR Ext PW12/A was registered. It is further alleged by the prosecution that copy of rukka Ext PW6/A was sent by HC Subhash Singh through Constable Sanjay Kumar to SP Chamba. It is further alleged by prosecution that NCB form Ext. PW10/A was filled at the spot by HC Subhash Singh. It is further alleged by the prosecution that documents and case property were handed over by HC Subhash Singh to HC Sukesh Kumar vide inventory list Ext PC. It is further alleged by prosecution that specimen seal impression of seals were obtained upon cloth. It is further alleged that parcels were resealed with seal impression 'B' and memo Ext PF to that effect was prepared. It is further alleged by prosecution that special report Ext PW6/B was sent by ASI Bhadur Singh to SP Chamba through Constable Hem Raj. It is further alleged by prosecution that site plan Ext.PW11/A was prepared and report of Chemical Examiner CTL Kandaghat Ext PW13/A was obtained. The case was filed before the learned trial Court under Section 20 of the Narcotic Drugs and Psychotropic Substances Act 1985 (Hereinafter referred to as the 'Act'). Learned trial Court framed charges against the accused person under Section 20 of the 'Act' on dated 13th July, 2005. Accused person did not plead guilty and claimed trial.

(3.) The prosecution examined as many as thirteen witnesses in support of its case: <FRM>JUDGEMENT_170_LAWS(HPH)6_2014.html</FRM>