LACHHO RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against judgment dated 29.2.2012 rendered by learned Special Judge, Chamba, Division Chamba, Himachal Pradesh in Sessions Trial No. 27/2010 whereby appellants/accused (herein after referred to as 'accused' for brevity sake) were tried and charged for offences under Section 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (herein after referred to as 'Act' for brevity sake) and accused No. 1 was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.50,000/ - and accused No. 2 and 3 have been convicted to undergo rigorous imprisonment for four years and also pay a fine of Rs.40,000/ - each and in default of payment of fine, to further undergo rigorous imprisonment for 5 months, 4 months respectively.

(2.) CASE of the prosecution in a nutshell is that on 15.3.2010, H.C. Kartar Singh alongwith other police officials had gone towards Pukhri, Badoh and Kalhel for patrolling in a vehicle bearing No. HP01C00319. At about 2.15 a.m., three persons were seen walking on the road, who on seeing the lights of the vehicle got perplexed. On suspicion police party stopped the vehicle and apprehended all the three accused. H.C. Kartar Singh apprised the accused of their legal right to be searched before a Magistrate or a Gazetted Officer. Accused(s) were alleged to have consented to give search to the police party. Since no independent witness was available, taxi driver accompanying the police party and H.C. Varinder Singh were associated as independent witnesses. Search of the bags held by three accused yielded the recovery of Charas i.e. 2 kg 800 gms from accused Lachho Ram, 2 kg from Tula Ram and 2 kg from Chatro Ram. The Charas was seized vide seizure memo Ex. PW.1/F. The contraband so recovered was put in separate parcels and each parcel was sealed with three seal impressions of seal 'T'. Impression of seal was obtained on a cloth Ex. PW.1/E. PW -11 produced the accused and the contraband before the S.H.O. Hans Raj. He resealed the contraband with seal impression 'O'. Samples were sent to the Chemical Examiner State Forensic Science Laboratory Junga. Investigation was completed and challan was put up after completion of all codal formalities.

(3.) MR . Lakshay Thakur, Advocate has vehemently argued that the prosecution has failed to prove its case against the accused.