HARI KRISHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 15.01.2011, rendered by the learned Sessions Judge (Special Judge), Shimla, H.P., in N.D.P.S. case No. 15 -S -7 of 2010, 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 20.10.2009 at about 8:05 AM, PW -8 Rattan Singh S.I. in connection with routine patrol duty had left for Rohru -Jubbal in official vehicle No. HP -07B -0771 vide report No. 2 of the daily diary. PW -2 HC Tilak Raj, PW -3 HHC Devinder Kumar and PW -5 HHC Bihari Lal were accompanying PW -8 Rattan Singh. When PW -8 Rattan Singh reached Hatkoti at about 2:30 PM, a secret information was received against the accused. It was alleged that the accused was trading charas and alongwith the contraband he had been on way from his house to Hatkoti. PW -8 Rattan Singh complied with the provision of Section 42(2) of the Act. The report is Ext. PW -4/A. It was duly signed by PW -8 Rattan Singh. It was submitted to the Superintendent of Police, State CID through PW -5 Bihari Lal. PW -8 Rattan Singh and his team had left Hatkoti for Bholad. The police party stopped at Bholad Nalla at about 3:15 PM. PW -1 Ghanshyam Sharma was seen on way from Bholad towards Hatkoti. PW -8 had associated PW -1 in the police party. At about 3:30PM, the accused carrying bag Ext.P -2 was noticed coming from Bholad towards Hatkoti. The accused was questioned. He was given option of search before the magistrate or Gazetted Officer vide consent memo Ext. PW -1/B. He consented for search before the local police party. The police personnel also offered themselves for search by the accused person in the presence of PW -1 Ghanshyam Sharma. Nothing incriminating was found with PW -2, PW -3, PW -8 and Surinder Kumar Constable vide search memo Ext. PW -2/A. In the presence of PW -1 to PW -3, PW -8 Rattan Singh checked the bag Ext. P -2. The bag was found to be containing charas Ext. P -3 in the shape of billets. The bag Ext. P -2 also contained empty Cement bag Ext. P -5. Ext. P -5 contained scale Ext. P -6, weights Ext. P -7 (one kg.) and Ext. P -8 (100 gms.) The charas was weighed. It weighed 13 kgs. The charas Ext. P -3 was sealed in packet Ext. P -1 along with bag Ext. P -2 with seal 'P'. Bag Ext. P -5 alongwith scale Ext. P -6, weights Ext.P -7 and Ext. P -8 were separately sealed in packet Ext. P -4 with seal 'P'. These were taken into possession vide recovery memo Ext. PW -1/A. The NCB forms were filled in. PW -8 Rattan Singh also prepared special report Ext. PW -8/E and entrusted copy thereof to PW -2 HC Tilak Raj with direction to fax the report to the Police Station. PW -8 Rattan Singh handed over the case property and report Ext. PW -8/E to PW -3 HHC Devinder Kumar with the direction to take them to the Police Station. PW -3 HHC Devinder Kumar handed over the case property to PW -9 SHO Lal Singh. PW -9 SHO Lal Singh re -sealed Ext. P -1 containing charas in original packing with seal 'C'. He deposited the case property with PW -7 HC Balbir Singh with direction to send the packet Ext. P -1 to the Chemical Examiner. PW -7 HC Balbir Singh handed over the same to PW -6 Govind Singh Constable with the direction to deposit the same with the Chemical Examiner. The Chemical Examiner analysed the contraband and his report is Ext. PX. Thereafter, the matter was investigated and challan was put up against the accused after completing all the codal formalities.

(3.) 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. J.S. Guleria, learned Asstt. Advocate General, has supported the judgment of the learned Sessions Judge (Special Judge), Shimla, H.P. dated 15.01.2011.