LAL KISHORE Vs. STATE OF H.P.

JUDGEMENT

(1.) Since common question of law is involved in these appeals, therefore, these were taken up together for being disposed of by a common judgment.

(2.) These appeals are instituted against the judgment dated 28.12.2011, rendered by the learned Special Judge, Chamba, in Sessions Trial No. 09 of 2011, whereby the appellantsaccused (hereinafter referred to as accused) were charged with and tried for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, have been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of rupees one lac each and in default of payment of fine they were ordered to undergo simple imprisonment for six months.

(3.) The case of the prosecution, in a nut shell, is that on 13.1.2011, ASI Onkar Chand (PW-11) alongwith Constables Suresh Kumar and Ramesh Kumar left the Police Station for patrolling towards Dalhousie, Banikhet, Nanikhud, Ktori Bangla in official vehicle. While on patrolling duty at about 3:00 AM, when their vehicle reached near Keru-tha-Pahar, both the accused were found walking on the road towards Katori Bangla. They got perplexed after seeing the police party. Accused Anil Kumar was carrying a bag on his back. On being suspected, they were apprised of their legal right to be searched before the Magistrate or Gazetted Officer, as per memo Ext. PW-1/A. They consented to be searched by the police vide memo Ext. PW-1/A. The bag carried by accused Anil Kumar was searched from which a tape recorder was recovered. It was opened and a blue colored bag containing contraband weighing 3 kg 800 gms was recovered. Thereafter, the recovered contraband was put in the same blue bag and the bag was kept in the same tape recorder and tape recorder was put in the same bag and the bag was sealed in white plain cloth with five seals of Seal O. NCB forms in triplicate were filled in and the impression of seal O was taken therefrom. The charas was taken into possession vide memo Ext. PW-1/C. PW-11 prepared the 'ruka' Ext. PW-11/A. It was sent for registration of case at Police Station Dalhousie. Spot map Ext. PW-11/B was also prepared. The case property was handed over by PW-11 ASI Onkar Chand to PW-9 SHO Viswas Kumar, who re-sealed the same with two seals of seal B in the presence of HHC Amreek Singh (PW-3) and thereafter took the impression of seal B on NCB form. The case property was handed over to MHC PW-8 Arun Kumar. He sent the same to FSL Junga along with the sample seals and NCB forms docket. Special report was also prepared. The investigation was completed. On receipt of the report of the FSL, challan was put up after completing all the codal formalities.