BAL RAJ SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal is directed against the judgment, rendered on 18th December, 2008, by the learned Sessions Judge, Kinnaur, Sessions Division at Rampur Bushahr, H.P., in NDPS Case No. 14 of 2007, whereby, the appellant/accused has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lakh under Section 20(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein -after referred to as 'the NDPS Act'). In default of payment of fine, the appellant/accused was sentenced to undergo further rigorous imprisonment for two years.

(2.) THE facts, in brief, are that on 7.1.2007, at about 3.30 p.m., PW -9, HC Pushap Dev, Police Station, Ani, along with Constables Bal Mukand and Bhup Singh, was on patrolling and traffic checking duty at Banighad when they noticed a person, identified later as accused, with a bag in his hand, coming from Kandugad towards Shamshar. On seeing the police, the accused got nervous and tried to retrace. On suspicion, the police apprehended the accused. The accused was apprised of his right whether he would like to be searched before a Gazetted Officer, Magistrate or the police, however, the accused consented to his being searched by the police, vide endorsement comprised in Ext. PW -9/A, on memo comprised in Ext. PW -3/A. HC Pushap Dev, after affording his own search to the accused comprised in Ext. PW -3/B, conducted search of the bag, being carried by the accused. On checking the same, he recovered coloured polythene, which contained Charas in the shape of sticks and balls. On weighment, it was found one kilogram and two hundred grams. Two samples of 25 grams each were separated and sealed in two separate parcels with seal 'X'. The remaining Charas was also sealed in a separate parcel with seal 'X' and specimen seal impression, comprised in Ext. PW -9/B, was drawn and NCB Forms, in triplicate, were filled in and the seal was handed over to Constable Bal Mukand. The Charas and the specimen seal impressions were taken into possession by the police vide memo, comprised in Ext. PW -3/C. Ruqua, comprised in Ext. PW -9/C, was prepared and forwarded through Constable Bal Mukand to the Police Station for registration of F.I.R., comprised in Ext. PW -5/A. Site map, comprised in Ext. PW -9/D, was prepared and the accused came to be arrested vide memo Ext. PW -4/A. The case property was given to SHO Rajinder Kumar and he re -sealed the same with seal 'H' and deposited it with the MHC at Police Station, Ani. Special Report, copy of which is Ext. PW -2/A, was delivered to Sub Divisional Police Officer, Ani by Constable Chet Ram on 8th January, 2007. The sample was sent to Central Forensic Science Laboratory, Chandigarh for analysis and vide report comprised in Ext. PA, it was certified to be Charas.

(3.) THE accused was charged for his having committed offences punishable under Section 20(C) of the NDPS Act by the learned trial Court, to which he pleaded not guilty and claimed trial.