VIRENDER Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant-convict Virender Singh, hereinafter referred to as the accused, has assailed judgment dated 29.3.2012, passed by Special Judge-II, Kinnaur at Rampur, Himachal Pradesh, in Sessions Trial (RBT) No.58-AR/3 of 2011, titled as State of Himachal Pradesh v. Virender & others, whereby he stands convicted for having committed an offence punishable under the provisions of Section 20 (ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), and sentenced to undergo rigorous imprisonment for a period of twelve years and pay fine of Rs. 1,50,000/- and in default thereof to further undergo simple imprisonment for a period of two years.

(2.) It is the case of prosecution that on 2.2.2011, HC Kartar Singh (PW-11), alongwith Constable Chand Mishra (PW-10), Constable Tikkam Ram (PW-8) and another police official, was present near village Badhel, in connection with general patrol duty. At about 10 a.m., accused alongwith co-accused persons, namely Ishwar Gautam, Sunder Singh and Bal Kishan, was found sitting on the road side. On seeing the police party, all the accused persons got perplexed. Since no reply was forthcoming from the accused persons, with regard to their presence on the spot, police officials suspected them of carrying contraband substance in a bag, which was on the lap of accused Virender. Constable Chand Mishra (PW-10) could not find any independent witness and as such HC Kartar Singh (PW- 11), by associating Constable Tikkam Singh (PW-8) and Constable Chand Mishra (PW-10), searched the bag, from which contraband substance (Charas), wrapped in four packets with a cello tape, was recovered. The same was weighed and found to be 10 kgs 200 grams. The bulk parcel was sealed with seal impression 'T'. NCB form (Ex. PW-5/B) was filled up in triplicate. Ruka (Ex.PW-8/C) was drawn by the Investigating Officer and sent through Constable Tikkam Singh (PW-8) to Police Station, Brow, on the basis of which FIR No.8, dated 2.2.2011 (Ex.PW-8/D), under the provisions of Section 20 of the Act, was registered. Case file was brought back and handed over to PW-11 on the spot. With the completion of necessary formalities on the spot, accused were arrested and arrest memo (Ex. PW-10/C) communicated to them. Thereafter, PW-11 entrusted the case property to ASI Jagat Singh (PW-9) at Police Station, Brow, who resealed the same with seal impression 'A' and deposited the same with MHC Chet Ram (PW-5). Necessary entries (Ex. PW-5/A) in the Malkhana Register were recorded. Special Report (Ex. PW-1/B) was prepared and sent to the Additional Superintendent of Police, Kullu, which was delivered by PW-8 in the office concerned. The entire bulk parcel (charas) was sent for chemical analysis, through HHC Santosh Kumar (PW-6), who obtained receipt (Ex. PW- 5/C) thereof. Also record pertaining to the calls made by the co-accused was taken on record. Report (PW-7/A) of the Chemical Analyst was taken on record by SI Bhoop Singh (PW-7). Investigation revealed complicity of the accused and co-accused in the alleged crime. Hence, challan was presented in the Court for trial.

(3.) Accused Virender and co-accused Ishwar Gautam, Sunder Singh & Bal Krishan, were charged for having committed an offence punishable under the provisions of Section 20 of the Act, to which they did not plead guilty and claimed trial.