INDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 21.12.2010, rendered by the learned Sessions Judge (Special Judge), Shimla, H.P., in N.D.P.S. Case No. 32 -S -7 of 2009, 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.

(2.) THE case of the prosecution, in a nut shell, is that on 1.11.2009, PW -10 Inspector Ram Kumar, SV & ACB (SIU), Shimla in connection with patrol duty had left for Habban, Sirmour via Theog -Chaila in official vehicle No. HP -07A -0680. PW -7 Inspector Virender Chauhan, PW -8 HHC Mahinder Singh and PW -9 HC Man Singh, were accompanying PW -10 Inspector Ram Kumar. When PW -7 to PW -10 crossed Village Naina and had been at some distance from Naripul, at about 11:30 AM, one person was noticed coming on foot from opposite direction. That person was carrying one airbag of blue colour on his right shoulder. He was also carrying one empty cement bag containing something in his left hand. PW -10 Inspector Ram Kumar directed PW -6 Yog Raj to stop the vehicle. PW -10 Inspector Ram Kumar wanted to know the area from the pedestrian. The person got perplexed and took U turn. PW -10 Inspector Ram Kumar suspected said person to be in possession of charas. He was apprehended. PW -1 Rajesh Verma in his Santro Vehicle had been on his way from Chaila to Solan via Neripul. PW -10 Inspector Ram Kumar and his team signaled him to stop the Car. PW -10 Inspector Ram Kumar stepped out of the vehicle. In the presence of PW -1 and PW -7 to PW -9, PW -10 Ram Kumar had given option of search before the Magistrate or Gazetted Officer to the accused vide memo Ext. PW -1/A. The accused consented for search before the local police party vide consent memo Ext. PW -1/A. The bag was checked. It contained charas Ext. P -3 in the shape of billets and balls. There was another bag Ext. P -6 in bag Ext. P -2. Bag Ext. P -6 contained one scale Ext. P -7, two weights of 50 gms each Ext. P -8 and Ext. P -9, one weight of 10 gms, Ext. P -10, one weight of 20 gms, Ext. P -11 one weight of 5 gms Ext. P -12 and one weight of 100 gms Ext. P -13. The empty cement bag Ext. P -14 was containing one scale with steel pot Ext. P -15, one weight of 1 kg Ext. P -16 and one weight of 2 kg Ext. P -17. PW -10 Inspector Ram Kumar weighed the charas. It weighed 7 kg. 100 gms. PW -10 Inspector Ram Kumar had drawn two samples of 50 gms each from the charas recovered from the accused. The sample packets of charas Ext. P -4 and Ext. P -5 and the rest of the charas Ext. P -3 was separately sealed in three packets with seal 'H' and were taken into possession vide recovery memo Ext. PW -1/B. Bag Ext. P -2 was sealed with bulk charas, scale and weights. The accused was arrested. PW -10 Inspector Ram Kumar prepared report Ext. PW -2/A and routed the same to the Police Station through PW -8 HHC Mahinder Singh. The contraband was produced before Inspector Narata Ram. PW -2 Insp. Narata Ram registered FIR Ext. PW -2/B. PW - 2 Insp. Narata Ram resealed the sample packets and the rest of the charas in original packing with seal T and had prepared memo Ext. PW -2/C. He deposited the case property with PW -3 MHC Ashok Kumar. PW -3 MHC Ashok Kumar carried out the entries of the case property in the relevant register vide Ext. PW -3/A. The samples were sent to chemical examiner alongwith specimen impression of seal and copy of NCB form. The report of the FSL is Ext. PX. The investigation was completed and challan was put up against the accused after completing all the codal formalities.

(3.) MR . Vivek Sharma, Advocate, appearing vice Mr. Ajay Kochhar, Advocate, for the accused has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. P.M. Negi, learned Dy. Advocate General, has supported the judgment of the learned Sessions Judge (Special Judge), Shimla, H.P. dated 21.12.2010.