VIJAY SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dtd. 30/3/2021, vide which the appellant (accused before the learned Trial Court) was convicted of the commission of an offence punishable under Sec. 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') and sentenced to undergo rigorous imprisonment for 10 years and pay a fine of Rs.1,00,000.00 (One Lakh) and in default of payment of the fine, to further undergo simple imprisonment for one year. (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. 20 of the NDPS Act. It was asserted that on 14/3/2016 Inspector Lakhvir Singh (PW-9), ASI Surender Singh, ASI Nand Lal (PW-3) and Constable Rajesh Kumar (PW-1) were present ahead of Balh bridge (Tehsil Padhar) for Nakabandi. The accused came from Ropa side at about 07:35 p.m. ASI Lakhvir Singh asked the accused to stop but he (the accused) returned and started running. The police apprehended him at a distance of about 10 meters. He had a red carry bag (Ext.P2) in his right hand. On inquiry revealed his name as Vijay Sharma. The police searched the bag and found 36 pieces wrapped and 25 pieces of unwrapped black sticks, which were smelled and burnt. They were found to be Charas. These were weighed with the help of an electric weighing scale and their weight was found to be 1 kg 500 grams. These were put in a carry bag. The carry bag was put in a cloth parcel (Ext.P1) and the parcel was sealed with 6 seal impressions of seal 'S'. Sample seal impression (Ext.PW-9/A) was taken on a separate piece of cloth. NCB-I form (Ext.PW-7/L)was filled in triplicate and the seal impression was put on the form. The seal after its use was handed over to ASI Nand Lal (PW-3). Inspector Lakhvir Singh (PW-9) seized the cloth parcel, NCB-I form and sample vides seizure Memo (Ext.PW-3/A). He prepared the rukka (Ext.PW-8/A) and handed it over to Constable Rajesh Kumar (PW-1) with a direction to FAX it to CID,Bharari, Shimla. F.I.R. (Ext.PW-8/C) was registered at Police Station, Bharari. Inspector Lakhvir Singh (PW-9) conducted the investigation. He prepared the spot map (Ext.PW-9/B) and recorded the statements of witnesses as per their version. Inspector Lakhvir Singh arrested the accused, vide memo (Ext.PW-3/B). He produced the case property and case file before SHO Virender Chauhan (PW-8), who re-sealed the parcel with 6 impressions of seal 'S'. He filled columns No. 9 to 11 of the NCB form in triplicate and put the seal impression 'N' on the form. He obtained the sample seal (Ext.PW-8/E) on a separate piece of cloth. He handed over the case property and the documents to HC Umeshwar Singh (PW-7), who made an entry in the Malkhana register (Ext.PW-7/A) and deposited the case property in Malkhana. He handed over the case property and the documents to HC Sohan Lal (PW-4) with a direction to carry them to SFSL Junga, vide RC No.8/2016. HC Sohan Lal (PW-4) deposited all the articles at SFSL Junga, and handed over the receipt to HC Umeshwar Singh (PW-7) on his return. A special report (Ext.PW-2/A) was prepared and handed over to Dy.S.P. Manohar Lal on 15/3/2016. He made an entry on the Special Report (Ext.PW-2/A) and handed it over to his Reader HHC Kuldeep Chand (PW-2). HHC Kuldeep Chand (PW-2) made an entry of Special Report in the register (Ext.PW-2/B) and retained the Special Report on the record. The result of the analysis (Ext.PX) was issued, in which it was shown that the exhibit was an extract of cannabis and a sample of CHARAS, which contained 26.44% w/w resin in it. Statements of remaining witnesses were recorded as per their version and after completion of the investigation, the challan was prepared and presented before the learned trial Court.

(3.) The learned Trial Court charged the accused with the commission of an offence punishable under Sec. 20 of the NDPS Act. The accused pleaded not guilty and claimed to be tried.