DUNI CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 20.8.2011, rendered by the learned Special Judge, (Addl. Sessions Judge), Mandi, H.P., in Sessions Trial No. 59 of 2010, whereby the appellant -accused (hereinafter referred to as accused) who was charged with and tried for offence under Sections 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, has been convicted and sentenced to undergo rigorous imprisonment for a period of 14 years and to pay a fine of Rs. 1,40,000/ - and in default of payment of fine to undergo simple imprisonment for a period of two years.

(2.) THE case of the prosecution, in a nut shell, is that LHC Narpat Ram (PW -1) alongwith PW -2 Const. Roshan Lal, Const. Mahesh Kumar and PW -8 ASI Ram Lal was present at Khoti Nalla on 4.7.2010 in a private vehicle bearing registration No. HP -33B -3100. Accused came from Thalout at about 5:45 PM. He was carrying backpack Ext. P -2. He started walking briskly on seeing the police party. Accused was apprehended at a distance of about 20 meters. The place was lonely and deserted. No independent witnesses were available on the spot. ASI Ram Lal made efforts to stop the vehicle and associate the driver and conductor but none agreed. PW -1 LHC Narpat Ram and Const. Mahesh Kumar were associated as witnesses. The police party gave its personal search to the accused. No contraband was found in their possession. Backpack Ext. P -2 was searched. It contained white coloured plastic bag. The bag was opened and it was found to be containing stick like pancake and sphere like black substance. The substance was confirmed to be cannabis. It weighed 4500 gms. The contraband was put in white coloured bag and white coloured bag was put in the backpack. Backpack was wrapped in a piece of cloth. This parcel Ext. P -1 was sealed with 12 seal impressions of seal R. NCB -1 form Ext. PW -5/C was filled in at the spot in triplicate. Seal impression was put on the NCB -1 form. Sample seal was taken on a separate piece of cloth and one such impression was Ext. PW -1/B. Rukka was prepared on the spot vide memo Ext. PW -8/A. It was handed over to Constable Roshan Lal. He took the same to Inspector Surinder Pal. He recorded FIR Ext. PW -5/A. The case file was handed over to Const. Roshan Lal with the direction to carry the same to the spot. The contraband was deposited before the Inspector Surinder Pal. He re -sealed the same with six seal impressions of seal S. He filled in relevant columns of NCB -1 form and put seal impression on it. He prepared memo of resealing vide memo Ext. PW -5/B. He handed over parcel, sample seals R & S, NCB -1 form, copy of seizure memo and FIR to PW -7 HC Anil Kumar. PW -7 HC Anil Kumar made an entry in the Malkhana register at Sr. No. 1096. He handed over the entire case property to Const. Roshan Lal, PW -2 on 6.7.2010 with the direction to carry the case property to FSL Junga vide RC No. 86/2010. The Constable Roshan Lal deposited all the articles at FSL and handed over the receipt to MHC on his return. Special report Ext. PW -4/A was prepared and it was handed over to Const. Ram Lal PW -6 to carry the same to Addl. S.P. Hira Singh Thakur. Constable Ram Lal handed over the Special Report to Addl. S.P. on 5.7.2010 through his Reader PW -4 HC Girdhari Lal. The result of chemical analysis is Ext. PW -5/E. The sample was of charas containing 32.10% W.W. resin in it. On completion of the investigation, challan was put up after completing all the codal formalities.

(3.) MR . Debinder Ghosh, Advocate, appearing on behalf of 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, Dy. AG, has supported the judgment of the learned trial Court dated 20.8.2011.