MOHINDER PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both these appeals are instituted against a common judgment dated 31.7.2008 rendered by the Special Judge, Chamba Division, Chamba in Sessions Case No. 4 of 2008, whereby the appellants-accused (hereinafter referred to as "accused" for convenience sake), who were charged with and tried for offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, have been convicted and sentenced to undergo rigorous imprisonment for ten years each and to pay a find of ' one lakh each and in default of payment of fine, they were ordered to suffer simple imprisonment of one year each.

(2.) Case of the prosecution, in a nutshell, is that on 20.10.2007, ASI Ranjit Singh, Incharge, CIA Staff, Chamba alongwith other police officials was present at place Saun Morh. At about 9.10 A.M., the policy party spotted two persons coming down from the hill side. These persons, on seeing the policy party, got perplexed and tried to flee away. They were carrying polythene bags in their hands. The police party headed by ASI Ranjit Singh nabbed them. Bags were checked and the same were found to be containing some solid and sticks like narcotic substance. The contraband found to be charas. The recovered contraband on weighing was found to be 1 kg 500 grams each from the two bags, which the accused were carrying in their hands. The codal formalities were completed. The I.O. separated two samples of 25 grams each from each of the recovered contraband. The samples and the bulks thereafter were sealed with seal 'T' and the seal after use was handed over to witness Ramesh Kumar. The I.O. prepared rukka and sent the same to the Police Station for registration of the case. Thereafter, the case property alongwith accused was produced before the S.H.O. He re-sealed the same with seal 'A' and the case property was kept in the Police Malkhana. After the receipt of report of Forensic Science Laboratory, challan was prepared and submitted before the court for trial.

(3.) Prosecution examined as many as 12 witnesses in all to prove its case against the accused. Statements of accused were recorded under section 313 of the Code of Criminal Procedure. They denied the entire prosecution case and took the defence of false implication. The Special Judge, Chamba Division, Chamba, as noticed hereinabove, has convicted and sentenced the accused.