FATEH RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant Criminal appeal filed under Sec. 374 of the CrPC lays challenge to judgment dtd. 10/9/2021 passed by the learned Special Judge, Mandi, District Mandi, Himachal Pradesh, in Sessions Trial No. 32 of 2015, titled State of Himachal Pradesh v. Fateh Ram, whereby Court below while holding the appellant/accused (hereinafter referred to as 'accused'), guilty of his having committed offence punishable under Sec. 20(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act (in short 'Act'), convicted and sentenced him to undergo rigorous imprisonment for a period of six years and pay compensation to the tune of Rs.60,000.00.

(2.) Precisely, the facts of the case, as emerge from the record are that SHO Chet Singh (PW10), HC Nand Lal (not examined), HC Rajesh Kumar (PW4), Constable Khem Chand (not examined) and Constable Ramji Dass (not examined), present at Nagchala in the official vehicle being driven by Constable Devender Kumar (not examined) in connection with the theft of Raghunath temple saw the accused coming from Bagla to Nerchowk on foot. Since after having seen police, accused attempted to run away, police apprehended him on the basis of suspicion. Having noticed conduct of the accused coupled with the fact that he was carrying bag Ext.P2, police thought at the first instance, made an attempt to associate independent witnesses, but since none was found, it proceeded to conduct search of the accused by associating HC Rajesh Kumar and C. Khem Chand as witnesses. Police also gave personal search to the accused, but no incriminating substance was found during the personal search of the police and in that regard, memo (Ex.PW4/A) was prepared. However, police recovered one plastic bag (Ex.P-7), containing black coloured stick like substance (Ex.P-8) wrapped with transparent polythene from the bag of the petitioner. Police after having smelled the substance found the same to be cannabis and accordingly with the help of an electronic weighing scale, weighed the same, which was found to be 600 grams. The cannabis was put in the carry bag in the same manner in which it was recovered and thereafter, the carry bag was again tied. All the articles and carry bag were put in the bag in the same manner in which they were recovered. The bag was put in a cloth parcel (Ex.P-1) and the parcel was sealed with 12 impressions of seal 'M'. SHO Chet Singh, conducted the investigation and filled the NCB-1 form (Ex.PW10/C) in triplicate and obtained the seal impression on the NCB-1 form. Sample seal (Ex.PW4/B) was taken on a separate piece of cloth and thereafter, seal was handed over to HC Rajesh Kumar, after the use. The parcel, NCB-1 form in triplicate and sample seals were taken in possession vide memo (Ex.PW4/C), which was signed by HC Rajesh Kumar, C.Khem Singh and accused Fateh Ram. Besides handing over seizure memo to the accused free of cost, SHO Chet Singh sent the rukka (Ex.PW10/A) through HC Rajesh Kumar. HC Rajesh Kumar handed over the rukka to PW7 HC Rohit Thakur and thereafter SHO Chet Singh conducted the investigations at the spot. He after having prepared the site plan (Ex.PW10/B) also recorded the statements of the witnesses as per their versions. Since no plausible explanation came to be rendered on record by the accused qua the possession of the aforesaid quantity of contraband, police arrested the accused and prepared a memo (Ex.PW4/D). After completing necessary codal formalities on the spot, police brought the accused and case property to the police station and thereafter, the case property was handed over to HHC Raj Kumar (PW1), who made an entry at serial no. 1018/2014. (Ex.PW1/A). Afore HHC Raj Kumar deposited the parcel, NCB-1 form, copy of FIR and seizure memo in the Malkhana. Subsequently after HHC Raj Kumar sent entire contraband to FSL Junga on 12/12/2014 for chemical analysis through HC Vikas Thakur PW5 vide RC No. 325/14 (Ex.PW1/B). HC Vikas Thakur deposited all the articles in FSL Junga and handed over the receipt to MHC on his return. Besides above, a special report (Ex.PW3/A) was prepared and was handed over to PW6 Vijay Singh with the direction to take it to Additional S.P. Mandi, who handed over the special report to the reader of Addl. S.P. Mandi, Shri Kuldeep Chand Rana. Additional S.P. made an entry on the special report and handed it over to his reader ASI Balam Ram (PW3) with direction to make an entry in his register. PW3 ASI Balam Ram made an entry at serial No. 92 (Ex.PW3/A). Kuldeep Chand Rana also executed an affidavit (Ex.PW3/B) regarding this fact. HC Samad brought the parcel sealed with 12 impressions of seal 'M' and 4 impressions of seal 'FSL' along with a report of chemical analysis and handed them over to MHC Rajesh Kumar, who thereafter, made an entry in the register and deposited the case property in Malkhana. The result of chemical analysis (Ex. PW10/B) disclosed that the exhibit was the extract of cannabis and a sample of charas, which contained 28.53% w/w resin in it. After completion of investigation, police presented challan in the competent Court of law.

(3.) Being fully convinced that prima-facie case is made out against the accused, Court below proceeded to frame charge against him under Sec. 20(b) (ii) (B) of the NDPS Act, to which, he pleaded not guilty and claimed to be tried.