HARPAL SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 1.10,2004, passed by the learned Sessions Judge, Kullu, whereby appellant -accused (hereafter referred to as the accused) had been convicted under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (hereafter referred to as the Act) and has been sentenced to rigorous imprisonment for four years and fine of Rs. 40,000/ - and in default of payment of fine to suffer imprisonment for one year.

(2.) Case of the prosecution against the accused is that on 16.11.2003, SI Daya Sagar (PW -6) alongwith a few other police officials including HC Sandeep Kumar (PW -4) and HHC Amar Singh (PW -5), left Police Station, Banjar towards Fagu Bridge for detection of crime vide Roznamcha report Ext.PW -1/A and on reaching the spot laid a Naka. At about 8 a.m., the accused having a blanket on his person was spotted coming from Banjar side. On seeing the police party, he turned back and started walking briskly. This act on the part of the accused raised suspicion, therefore, the police party overpowered him and enquired about his particulars which he disclosed. Since the place of apprehension of the accused was an isolated place and no independent witness was available, therefore, with a view to take the search of the accused PW -6 associated PW -4 and PW -5 to witness the process of the search. The accused was given option qua his search orally as well as in writing as to whether he wanted to be searched before a Magistrate or Gazetted Officer and the accused opted to be searched by the Police party present on the spot vide Memo. Ext. PW -4/A. PW -6 then gave his personal search vide Ext. PW -4/B and nothing incriminating was found on his person. Thereafter, the search of the accused was conducted which led to the recovery of a polythene bag containing Charas kept in a piece of cloth which the accused was having under his arm -pit. On weighment, the recovered Charas was found 500 grams. Two samples of 25 grams each were separated from the recovered Charas for the purpose of analysis and thereafter the samples and the remaining Charas having been made into separate parcels were sealed with seal T. The NCB form, Ext. PW -1/ E in triplicate was prepared and sample Ext.PW -4/D of the seal used for sealing the case property was separately taken and the case property was taken in possession vide seizure Memo. Ext. PW -4/C. A copy of the seizure memo was supplied to the accused Ruka Ext.PW -6/A was prepared and sent to tne Police Station through PW -5 on the basis of which FIR Ext.PW -1/A was registered at Police Station, Banjar. On return to the Police Station, PW -6 deposited the case property with MHC, Chaman Lai (PW -1), who kept the case property in the Malkhana vide entry Ext.PW -1 /D of the Malkhana Register. One sample of Charas alongwith sample seal and NCB form was sent to CTL, Kandaghat through Constable Jia Lai (PW -2) vide RC Ext. PW -l/B. Special report Ext.PW -3/A regarding the case was prepared by PW -6, who personally handed it over to the Additional Superintendent of Police concerned. The Chemical Examiner on analysis of the sample vide his report Ext.PA found it to contain contents of Charas. On completion of the investigation, a charge -sheet was submitted against the accused who came to be tried by the learned Sessions Judge, Kullu on a charge under Section 20 of the Act.

(3.) To prove the charge against the accused, prosecution examined six witnesses. Statement of the accused was recorded under Section 313 of the Code of Criminal Procedure wherein he denied the proseoution case as a whole and claimed to be innocent and having been falsely implicated in the case. He has further stated that he was taken to the Police Station from the Bus Stand and the ticket and little money in his possession were taken by the police and none was informed of his arrest. The accused, however, did not lead any defence evidence.