SHYAM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment, rendered on 1st October, 2010, by the learned Special Judge, Fast Track Court, Kullu, H.P., in Sessions Trial No. 18 of 2010, whereby the accused Shyam Singh has been convicted for the commission of offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for a period of fifteen years and to pay a fine of Rs.1,50,000/- and in default of payment of fine to further undergo simple imprisonment for a period of three years.

(2.) Prosecution case, in brief, is that ASI Man Singh, along with Constables Vijay Kumar and Varun Mahant, had gone to Naglari on 27.08.2009 in vehicle bearing registration No.HP-34A-0213, which was being driven by Constable Narian Singh. A vehicle bearing registration No. HP-34A-6902 came from Gushani at about 5 a.m. ASI Man Singh signaled the vehicle to stop. When the vehicle stopped, one person got down from the rear seat of the vehicle and ran away. The driver of the vehicle was apprehended by ASI Man Singh and on being enquired, he revealed his name as Shyam Singh, the accused. The driver Shyam Singh revealed the name of the absconding person as Mahinder. On suspicion of possession of some contraband, ASI Man Singh made inquiry in presence of Constable Vijay Kumar and Constable Varun, as to whether the accused wanted to be searched by the Magistrate or a Gazetted Officer. The accused consented to be searched by the police. ASI Man Singh also gave his personal search to the accused. The search of the vehicle was conducted and during which, two bags were found on the front seat located beside the driver. One bag was found to be containing 10 Kgs charas and the other was found to be containing 9 Kgs charas, after weighing. The bag containing 10 kgs of charas was having ten packets, out of which 9 packets were having stick like charas and the tenth packet was having stick like and spheres like charas. The other bag was containing 9 packets, out of which 8 were having stick like charas and 9th packet was having stick like and cub like charas. Each bag was wrapped in a separate piece of cloth. Each bag was sealed with 12 impressions of seal T. Seal impressions were taken separately on five pieces of cloth and NCB-I form was filled in triplicate and the seal was handed over to Constable Vijay Kumar. The vehicle, along with parcels, was taken into possession vide seizure memo and signatures of Constable Vijay Kumar and Constable Varun Mahant and also of the accused were also taken on the seizure memo. Photographs of the site of occurrence were taken by Constable Varun Mahant from official camera.

(3.) On conclusion of the investigation, into the offence, allegedly committed by the accused, report under Section 173 Cr.P.C. was prepared and filed in the Court.