SANJAY TOMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 31/12/2019, passed by learned Special Judge, Chamba, Division Chamba, H.P, vide which the appellant (accused before the learned Trial Court) was convicted of the commission of an offence punishable under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') and order dtd. 14/1/2020, vide which he was sentenced to undergo rigorous imprisonment for 10 years and pay a fine of Rs.1,00,000.00 and in default of payment of fine to further undergo simple imprisonment for one year for the commission of the aforesaid offence. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of an offence punishable under Sec. 21 read with Sec. 8A of the NDPS Act. It was asserted that HC-Virender Singh (PW11) was present in the office of Special Investigating Unit (SIU) at around 4:00 pm on 5/3/2018, when he received a secret information that the accused had taken a room on rent at Udaipur from Sourav Boss (PW1). The accused had brought injections and capsules of psychotropic substance and he was selling them to the school and college going students. The information was reduced to writing. An entry (Ext. PW3/A) was recorded in the police station. A copy of the entry was sent to the Superintendent of Police, Chamba through Constable-Sanjay Kumar (PW7). HC-Virender Singh also apprised the Superintendent of Police, Chamba about the information telephonically, who directed him to associate some lady constable from Sultanpur Police Post. HC-Virender Singh (PW11), HC-Sanjay Kumar (PW5), HHC-Mohammad Aslam (PW6), HHC-Manohar Lal, Constable-Sunil Kumar, Constable Sanjay Kumar, Constable-Upinder Chona and Constable-Dinesh Kumar went to Udaipur in an official vehicle bearing Registration No. HP-73-8754 and a private vehicle bearing Registration No.HP-73-3025 along with an I.O. bag, weighing scale and official camera. HC-Virender Singh informed the Police Post, Sultanpur to send a lady constable as per the directions of the Superintendent of Police. Constable-Sanjeepa Devi met the police party at Udaipur. She was also associated with the police party. The police party went to the house of Sourav Boss, who was found present in his home. They went to the room of the accused where he was present. The search of the room of the accused was conducted in the presence of Sourav Boss. One carton containing 85 packets each containing 10 injections of Pentalab Lactate Injections and two carry bags containing 124 packets each containing 24 capsules of Spasmo Proxyvon Plus Capsules were recovered during the search. The accused could not produce any permit for keeping the capsules and the injections. The injections and capsules were put in the carton and carry bags in the same manner, in which they were recovered. Rs.34,000.00 were also found kept beneath the carry bag. These were put in a cloth parcel and the parcel was sealed with 10 seals of seal 'CF'. The seal impression (Ext. PW1/A) was taken on a separate piece of cloth. NCB-I form (Ext. PW11/A) was filled in triplicate. A seal impression was put on the form. The seal was handed over to Sourav Boss after the use. The cloth parcel, NCB-I form, sample seal and currency notes were seized vide memo (Ext. PW1/B). HC-Sanjay Kumar took the photographs of the proceedings (Ext. PW5/A and Ext. PW5/B). HC-Virender Singh (PW11) prepared the rukka (Ext. PW6/A) and handed it over to HC-Mohammad Aslam (PW6) with a direction to carry it to the police station. A copy was also handed over to him for delivery to the Superintendent of Police, Chamba. FIR (Ext. PW16/A) was registered in the Police Station. S.I. Subhash Kumar (PW19) conducted the further investigation. He reached the spot. HC-Virender Singh handed over the articles and the documents prepared by him to S.I. Subhash Kumar vide memo (Ext. PW1/C). S.I.-Subhash Kumar prepared the site plan (Ext. PW19/A) and recorded the statements of the witnesses as per their version. He arrested the accused vide memo (Ext. PW1/D). The case property was produced before A.S.I.-Govind Pal (PW16), who resealed the same with five impressions of seal 'SA'. Seal impression (Ext. PW10/A) was taken on a separate piece of cloth and NCB-I form. The seal was handed over to Constable-Tilkeshwar after the use. The case property was deposited with HC-Rajput Pardeep (PW8), who deposited it in the Malkhana and made an entry at Serial No.741 (Ext. PW8/A). He handed over the case property to SI-Subhash Kumar (PW19) to get the inventory certified. Subhash Kumar filed an application (Ext. Pw19/C) before the learned CJM, Chamba for getting the inventory certified. Learned CJM, Chamba passed an order (Ext. PW19/D) and issued the certificate (Ext. PW19/F). He also filed an application (Ext. PW13/A) before the learned Additional Sessions Judge, Chamba for separating the capsules and injections. Learned Additional Sessions Judge, Chamba passed an order (Ext. PW13/B) and separated the capsules and the injections. These were put in separate parcels and each parcel was sealed with three seal impressions of seal 'ASJ' Chamba. The seal impression (Ext. PW19/G) was taken on a separate piece of cloth. The cloth parcel containing Spasmo Proxyvon capsules was handed over to Drug Inspector Narinder Kumar (PW18) for further action in the matter. The remaining parcel was deposited with HC-Rajput Pardeep (PW8), who deposited it in the Malkhana. He handed over the case property to Constable-Surinder Singh (PW9) on 7/3/2018 with a direction to carry it to SFSL, Junga vide RC No.63/2018 dtd. 7/3/2018 (Ext. PW8/B). ASI-Subhash Kumar handed over the special report (Ext. PW2/A) to HHC-Latif Mohammad with a direction to carry it to the Superintendent of Police. He handed it over to Dy.S.P. on the same day. Dy.S.P. made an endorsement on the special report and handed it over to his Reader HC-Sanjeev Kumar (PW2), who made an entry in the special report register at serial No.60 (Ext. PW2/B) and retained the same on record. The result of analysis (Ext. 'PX') was issued, in which it was shown that exhibit stated as Pentalab Lactate Injection was a sample of Pentazocine Lactate Solution in glass ampoules containing 31.77 mg per ml Pentazocine Lactate. The statements of the remaining witnesses were recorded as per their version and after the completion of the investigation, the challan was prepared and presented before the Court.

(3.) Learned Special Judge-II, Chamba (learned Trial Court) charged the accused with the commission of an offence punishable under Sec. 21 read with Sec. 8A of the NDPS Act. He pleaded not guilty and claimed to be tried.