PAPPU Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment rendered on 17th May, 2008, by the learned Special Judge, Fast Track Court, Chamba, District Chamba, H.P., in Sessions Trial No. 28/2008/07, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/ - for the commission of offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') and in default of payment of fine, he has been sentenced to undergo rigorous imprisonment for one year.

(2.) THE facts, leading to the case, are that on 6th January, 2007 at about 5:30 p.m., ASI Santosh Kumar (PW -11), along with Constable Dinesh Kumar (PW -1), Ravinder Kumar and SPO Subhash Kumar, was present at Forest Barrier, Salooni in connection with distribution of pamphlets of traffic awareness. At the time aforesaid, one person was noticed by them to be coming from Salooni side carrying a rexine bag on his shoulder. He, on his seeing the police party, tried to retrace. He, however, was over -powered. His rexine bag Ext. P -4 was inspected, which was found to be containing two polythene bags Ext. P -6 and Ext. P -7 and on opening the same, they were found to contain 'Charas' Ext. P -8 and Ext. P -9 and another polythene envelope Ext. P -10 contained a blue coloured pants and white shirt. The pocket of the rexine bag contained one cake of lux soap, one tooth paste, brush and Amwla oil qua which a reference was made in the ruqua. Thereafter, Constable Dinesh Kumar was deputed by ASI Santosh Kumar to arrange for weights and scales from the shop of Kuldip Kumar and on weighment, the recovered 'Charas' was found to be 2 Kgs. and 50 grams, from which two samples of 25 grams each were separated. Such two samples were placed in two match boxes by affixing two seals on each parcel. The remaining bulk 'Charas' was sealed in the same condition in parcel Ext. P -1 by putting four seals of impression 'T'. The sample parcels are Ext. P -2 and Ext. P -3. Ruqua Ext. PW -11/A was prepared and given to Constable Ravinder Kumar for registration of the case. Accused was arrested vide memo Ext. PW -11/B and grounds of arrest were communicated to him. Site Plan Ext. PW -11/C was prepared by ASI Santosh Kumar (PW -11), the Investigating Officer. PW -11 also prepared the seizure memo and NCB Forms were filled on the spot. PW -11 also recorded the statements of witnesses. Case property was produced before SHO Sanjiv Kumar Bhatia vide inventory Ext. PW -9/C. Specimen seal impression was retained on a separate piece of cloth Ext. PW -11/D. PW -11/E is the report of CFSL, Chandigarh. Copy of Special Report is Ext. PW -11/F and copy of ruqua is Ext. PW -7/A. PW -11/G is the Jama Talashi of the accused.

(3.) IN proof of the prosecution case, the prosecution examined 11 witnesses. On closure of the prosecution evidence, statement of accused under Section 313 Cr.P.C. was recorded by the Court in which the accused claimed false implication and pleaded innocence.