GOVIND SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellants-convict Govind Singh, hereinafter referred to as the accused, has assailed the judgment dated 27.7.2009/28.7.2009, passed by Special Judge, Mandi, Himachal Pradesh, in Sessions Trial No.1 of 2009, titled as State of Himachal Pradesh v. Govind Singh, whereby he stands convicted of the offence punishable under the provisions of Section 20(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo imprisonment for a period of ten years and pay fine of Rs. 1,00,000/- and in default thereof to further undergo imprisonment for a period of one year.

(2.) It is the case of prosecution that on 25.10.2008, Police Party, headed by Satya Parkash (PW-11), was on patrol duty near Aut, Thallaut and Larji Dam side. Satya Parkash was accompanied by Constable Hari Singh (Pw-1), Duni Chand (not examined) and Constable Inder Dev (PW- 7). Police party saw the accused, carrying a bag on his shoulder, coming from Shihli side. Seeing the police party, he became perplexed and tried to flee away. On suspicion, he was apprehended and disclosed his name as Govind Singh. The bag was searched and one polythene packet containing Charas was recovered. By associating police officials present on the spot, contraband substance was weighed and found to be 3 kgs. Satya Parkash (PW-11) drew two samples, each weighing 25 grams, and sealed them with four seal impressions of seal 'N'. Parcels were marked as A-1 and A-2. Bulk parcel was sealed separately with the very same seal impression, bearing six seals. The contraband substance was seized. NCB form (Ex. PW-11/A) was filled up in triplicate. Rukka (Ex. PW-11/B) was sent through Constable Inder Dev (PW-7) to Police Station, Aut, on the basis of which FIR No.148/08, dated 25.10.2008 (Ex.PW-2/A) was recorded by SHO Amar Nath (PW-2). Case file was taken back to the spot. Accused was arrested. Special report (Ex. PW-5/A) was also sent to the concerned Higher Authorities. With the completion of necessary investigation, Satya Parkash handed over the case property to SHO Amar Nath, who resealed the samples as also the bulk parcel with his seal impression 'Y' (four and six seals). Thereafter, case property was entrusted to MHC Dina Nath (PW-6), who deposited the same in the Malkhana and made entry in the Malkhana Register (Ex.PW-6/A). Bhup Singh (PW-3) took one sample for analysis to the Forensic Science Laboratory (FSL), Junga. Report (Ex. PW-9/A) was obtained by the police, which confirmed the contraband substance to be Charas. With the completion of investigation, which revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) Accused was charged for having committed an offence punishable under the provisions of Section 20 of the NDPS Act to which he did not plead guilty and claimed trial.