LAWS(HPH)-2014-5-113

DOGARU Vs. STATE OF H.P.

Decided On May 20, 2014
Dogaru Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment, rendered on 16th July, 2008, by the learned Special Judge, Fast Track Court, Chamba, District Chamba, H.P., in Sessions Trial No. 27/2008/07, whereby the appellants have been convicted and sentenced to undergo rigorous imprisonment for ten years and to a pay fine of Rs. 1,00,000/ - each and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year each for the commission of offence under Section 20(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act').

(2.) THE facts, relevant to decide the instant case, are that on 9.1.2007, Inspector Jatinder Kumar, ASI Onkar Singh, H.C. Bhupinder, H.C. Dev Raj, constable Yakoob Mohammad, constable Baldev, HHC Baldev, HHC Budhi Singh and HHC Udham Singh were present at Koti, in connection with traffic checking and Nakabandi. Independent witnesses, Pappu Kumar and Ramesh had also arrived there. At about 11.30 a.m., while Inspector Jatinder Kumar was talking with Pappu and Ramesh, the accused persons carrying a Pithu each on their back were seen coming from Tissa side. On sighting the police party, they attempted to flee. Their fleeing, aroused the suspicion of the police, resulting in theirs being chased and on chase both the accused were apprehended. On search of the Pithu, carried by accused Dogru, it was found to contain a polythene bag having charas in it. Similarly, on search of the Pithu, carried by accused Shyam Lal, it was also found to contain a polythene bag having charas in it. Constable Yakoob Mohammad was deputed to fetch weights and scales. Charas, recovered from the Pithu, carried by accused Dogru, was weighed and on weighing, it was found to be 7 kilograms. Two samples of 25 grams each were separated from the recovered charas. The samples were separately parceled and sealed with seal "T". The remaining charas was put in the same Pithu and it was also parceled and sealed with the same seal "T". Thereafter, the charas recovered from the Pithu, carried by accused Shyamlal, was weighed, which, on weighing was found to contain 7 kilograms of charas. Two samples of 25 grams each were also drawn from the recovered charas. The samples were separately parceled and sealed with seal "T". The balance charas was put in the same Pithu and the same was also parceled and sealed with the same seal "T". Samples of the seal were separately taken on a piece of cloth. Seal, after use, was handed over to independent witness Ramesh Kumar. The samples and parcels, containing balance charas, were taken into possession by the police vide separate seizure memo which was signed by independent witnesses Ramesh Kumar and Pappu. Both the accused also appended their signatures on the seizure memo. NCB form was filled in on the spot. Ruqua was prepared on the spot which was sent through constable Baldev to the police station for recording of a formal FIR. Copy of the ruqua was sent to SP Office, Chamba through HHC Budhi Singh. Site plan was prepared according to the spot. Statements of the witnesses were also recorded. The parcels, containing samples and case property, along with sample seal and other documents, were produced before ASI Amar Singh, who resealed the parcels with seal "M" and prepared reseal memo to that effect. Thereafter, he deposited the parcels and samples, along with documents, with the MHC. A special report was sent to SP office, Chamba. Two parcels of the samples, comprising one sample drawn from the bulk charas, recovered from each of the accused, along with relevant documents, were sent to the laboratory for chemical analysis vide RC No. 7/07. The samples, on chemical analysis, were opined to be of charas.

(3.) THE accused persons were charged for their having committed an offence punishable under Section 20(c) of the NDPS Act by the learned trial Court to which they pleaded not guilty and claimed trial. In order to prove its case, the prosecution examined 13 witnesses. On closure of the prosecution evidence, the statements of the accused under Section 313 of the Code of Criminal Procedure, were recorded in which they pleaded innocence and claimed false implication.