BUDH RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal is directed against the judgment rendered on 01.10.2010 by the learned Special Judge, Fast Track Court, Kullu, H.P. in Sessions trial No. 57 of 2009, whereby, the learned trial Court convicted and sentenced the appellant/accused to undergo rigorous imprisonment for a period of thirteen years and to pay a fine of Rs. 1,30,000/ - and in default of payment of fine amount to undergo simple imprisonment for a period of two years for his having allegedly committed an offence punishable under Section 20(b)(iii)(c) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ND & PS Act)

(2.) BRIEF facts of the case which are necessary to determine the appeal are that on 10.8.2009 ASI Naresh, HHC Ajay Kumar, C. Ranjit Singh were present at Parari Nullah Pull in vehicle bearing registration No. HP -34 -3830 which was being driven by HHC Raj Kumar. At about 2.30 a.m., they heard the sound of footsteps of someone. The search light was switched on and the accused was seen carrying a backpack. On suspicion, the accused was apprehended. On inquiry, he divulged his name as Budh Ram. There was no abadi in the vicinity and despite endeavours no independent witnesses could be joined in the investigation, as such, HHC Ajay Kumar and C. Ranjit Singh were associated as witnesses by ASI Naresh Chand. ASI Naresh Chand gave his personal search to the accused. Nothing was found in his possession. The backpack carried by accused was black in colour and bearing the words "The North Face". It was checked and was found to be containing six packets sealed with 'khaki' coloured cello tape. When the packets were opened, these were found to be containing stick like charas wrapped in polythene. The charas was weighed and was found to be 28 kg. The charas and six packets were put in the bag from which they were recovered and the bag was wrapped in a piece of cloth. The bag was sealed with 12 impression of seal 'T'. Seal impressions were taken separately on separate pieces of cloth. NCB form was filled in triplicate. Seal impression was obtained on NCB form and seal was handed over to HHC Ajay Kumar after its use. Parcel was taken into possession vide separate recovery memo in presence of the witnesses. Rukka Ex. PW8/A was prepared on the spot and was sent to Police Station through HHC Ajay Kumar. SI Naresh Kumar prepared the site plan of the spot and recorded the statements of the witnesses as per their versions. HHC Ajay Kumar handed over rukka to ASI Daya Ram, who recorded the FIR and handed over the file to HHC Ajay Kumar. HHC Ajay Kumar met SI Naresh Chand near Jeep Union at Patlikuhl and handed over the case file to him. Accused was arrested and a memo to this effect was prepared. Memo with respect to the personal search of the accused was also prepared. The case property along with NCB form in triplicate and seal impressions 'T' were handed over to ASI Daya Ram in police station for resealing. ASI Daya Ram resealed the parcel with six impressions of seal 'S'. Samples of seal were taken separately on separate piece of cloth. ASI Daya Ram filled in column Nos. 9 to 11 of NCB form and put the seal impression on NCB form. Parcel, NCB form in triplicate, sample seals T and S were handed over to MHC Sher Singh, who made an entry at serial No. 616 in the register No. 19 and deposited them in the Malkhana. He handed over the parcel, docket, copy of seizure memo, copy of FIR, NCB form in triplicate, sample seals 'T' and 'S' to HHC Gautam Chand and C. Om Prakash. On the same day, they carry these to FSL, Junga vide RC No. 114/98 and deposited these at FSL on 11.8.2009 and handed over the receipt of deposit of case property in the office of FSL, Junga, to, MHC on their return to the police station. Special report was prepared and was handed over to Dy. S.P. Manali by H.C. Ramesh Kumar on 11.8.2009 at 5.05 p.m. Dy. S.P. made his endorsement on the special report and handed over the report to HHC Sher Singh. HHC Sher Singh made an entry at Sr. No. in the register and filed it in record.

(3.) ACCUSED was charged for his having committed an offence punishable under Section 20(b) (ii)(c) of the ND & PS Act by the learned trial Court to which he pleaded not guilty and claimed trial.