LAWS(HPH)-2014-8-24

CHIRAG GROVER Vs. STATE OF HIMACHAL PRADESH

Decided On August 11, 2014
CHIRAG GROVER Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Since common questions of law and facts are involved in both the appeals, as such, same are being taken up together and are disposed of by a common judgment.

(2.) The appeals are instituted against judgment rendered by learned Special Judge, Kullu, H.P., in Sessions Trial No. 37/2012 (RBT No. 111 of 2012) on 21.3.2013/ 22.3.2013 whereby appellants/ accused who were charged with and tried for offences punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein after referred to as 'Act' for convenience), were convicted and sentenced to undergo rigorous imprisonment for ten years each and to pay a fine of '1.00 lakh each under Section 20 of the Act and in default of payment of fine, they to further suffer imprisonment for six months each. The period of detention of the convicts during the trial and investigation of the case was set off under Section 428 of the Criminal Procedure Code.

(3.) Case of the Prosecution in a nutshell is that on 22.4.2012, a police party headed by PW8 Sub Inspector Sunil Kumar and consisting of PW6 HHC Uttam Singh and HHG Narotam, as per rapat Ext. PW9/A, left the Police Station Kullu for VIP duty towards Jari and Manikaran etc. in Government vehicle. They were waiting for the cavalcade of the VIPs at Chharor Nallah and from there they started moving ahead towards pilot vehicle deputed on VIP duty. When they reached near Sarsari, a telephonic direction was received from SHO Kullu to the effect that since pilot was already detailed on VIP duty, therefore said party was directed to conduct traffic checking. Thereafter they returned from Sarsari and laid Naka at Chilla-aage. Constable Vishwanath and Home Guard Gurdial were also deputed to assist said police party. While conducting traffic checking, Constable Vishwanath and Gurdial also reached the spot. At about 1.00 p.m., a white coloured Swift Desire car bearing registration No. DL-9CR-8410 came from Manikaran side, which was signaled to stop. Accused Ravinder was on the steering wheel of the vehicle and accused Chirag Grover was sitting on the rear seat. PW8 asked accused Ravinder to produce original documents of the vehicle upon which said accused felt scared. This activity on his part raised suspicion in the mind of the police. Thereafter both the accused persons were made to alight from the vehicle and search of their vehicle was conducted. During search, PW8 noticed that packing (gatta) of the left side window of the vehicle was slightly loose and on checking of said window, five packets were recovered. These five packets were taken out and on checking charas was found in all the packets. Charas was weighed. It weighed 2.177 kilograms. It was sealed as per procedure. The case property was thereafter taken into possession vide seizure memo Ext. PW6/B. Ruqa Ext. PW4/A was prepared and sent to the Police Station Kullu through HHC Uttam Chand. SHO Sher Singh recorded FIR Ext. PW4/B. I.O. prepared spot map Ext. PW8/A. Personal search of the accused persons was conducted vide memos Ext. PW8/B and Ext. PW8/C. The case property was produced before SHO Sher Singh for re-sealing. He resealed the parcel with four seals of letter 'M', filled relevant columns of NCB form. He deposited the case property alongwith NCB form, sample seals and other relevant documents with MHC of the Police Station. According to the Prosecution, Chirag Grover disclosed that he alongwith accused Ravinder had stayed in a hotel at Kasol. IO also prepared a special report Ext. PW2/A and submitted it to the Additional SP. The contraband was sent to F.S.L. Junga. The case property was examined at F.S.L. and vide report Ext. PW4/D extract was found to be charas. Thereafter challan was prepared and put in the Court after completing all the codal formalities. Accused were convicted as noticed herein above.