UTTAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 1.12.2011 rendered by the Special Judge, Mandi in Sessions Trial No. 20 of 2011 whereby the appellant-accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 has been convicted and sentenced to undergo rigorous imprisonment for a period of fourteen years and to pay a fine of Rs. 1,40,000/- and in default of payment of fine, he was further directed to undergo simple imprisonment for a period of six months for the commission of offence under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance Act. The period of detention undergone by the accused was ordered to be set off as per provisions contained under section 428 of the Code of Criminal Procedure.

(2.) Case of the prosecution, in a nutshell, is that PW-13 ASI Ram Lal, PW-1 LHC Narpat, Constable Jatinder and PW-2 Dhameshwar were present at Batala Wali Road between Karsog and Kelodhar on 19.11.2010 in the official vehicle bearing registration No. HP-07A-0282. Accused came from Kelodhar towards Karsog carrying a black coloured bag. Accused returned and started walking briskly on seeing the police. Police became suspicious. Accused was apprehended by the police at a distance of 20 meters. No independent witness was available. Efforts were made to join the occupants of the vehicle crossing the road. However, none agreed. LHC Narpat and Constable Jitender were associated as witnesses. Accused revealed his name as Uttam Chand son of Dhari Ram on inquiry. Personal search was given to the accused by the members of the police party. Bag being carried by the accused was bearing word "style". Bag Ex. P-2 was checked. It contained black coloured substance in the form of sticks and spheres. Substance was found to be cannabis. It weighed 5 kgs. It was put in the bag from which it was recovered. Bag was sealed in a cloth parcel with 12 seal impressions of seal 'S'. Seal impression was taken on a separate piece of cloth and one such impression was Ex. PW-1/B. NCB-1 form Ex. PW-13/A was filled in triplicate. Seal impression was put on NCB-1 form. Seal was handed over to Narpat after use. Seizure memo Ex. PW-1/C was prepared. Rukka Ex. PW-13/B was also prepared on the spot. It was handed over to constable Dhameshwar Singh. Constable Dhameshwar Singh handed over rukka to PW-14 Parkash Chand. He recorded FIR Ex. PW-14/A. ASI Ram Lal handed over parcel, sample seal 'S' and NCB-1 form to PW-14 Parkash Chand on the same day. Parkash Chand resealed the parcel with nine impressions of seal 'B'. He prepared resealing memo Ex. PW-9/A. He handed over parcel and NCB-1 form, sample seals to PW-9 MHC Kamal Kant on the same day. MHC made an entry in the Malkhana Register. Special report Ex. PW-5/A was prepared and it was handed over to PW-4 Munish Kumar with the direction to hand it over to Deputy Superintendent of Police. Constable Munish Kumar handed over the special report to PW-5 Raj Kumar, Deputy Superintendent of Police on 20.11.2010. Parcel, sample seal and NCB-1 form were sent for analysis to Forensic Science Laboratory, Junga through PW-3 Constable Ravinder Kumar. Constable Ravinder Kumar deposited all the articles in safe condition at Forensic Science Laboratory, Junga and handed over the receipt to MHC on return. Result of analysis Ex. PW-11/A was obtained. Police investigated the case and the challan was put up in the court after completing all the codal formalities.

(3.) Prosecution examined as many as fourteen witnesses in all to prove its case against the accused. Statement of accused under Section 313 Cr.P.C. was recorded. He denied the case of the prosecution in entirety. Learned trial Court convicted and sentenced the accused, as noticed hereinabove.