SONU Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT -convict Sonu, hereinafter referred to as the accused, has assailed the judgment dated 24.3.2009, passed by Special Judge (II) (Additional Sessions Judge -I), Kangra at Dharamshala, Himachal Pradesh, in Sessions Trial No. 9 -I/2008, titled as State v. Sonu, whereby he stands convicted of the offence punishable under the provisions of Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), and sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 1,00,000/ -, and in default of payment thereof to further undergo rigorous imprisonment for a period of two years.

(2.) IT is the case of prosecution that on 4.3.2008, ASI Ajit Kumar (PW -17) received secret information that accused, who was running a Tudi (fodder) shop near Hanuman Temple Mohtali, Himachal Pradesh, was dealing with and had concealed the contraband substance (opium) in his shop. Information of such fact was sent by ASI Ajit Kumar, through Constable Joginder Singh (PW -10), to the Superintendent of Police, Kangra. Ajit Kumar also associated Excise Inspector Narinder Singh (PW -4) and Rasal Singh (PW -1), Pradhan of the concerned Gram Panchayat, for carrying out search and seizure operations. Thereafter, Ajit Kumar formed a raiding party. Also, Dy.S.P. Kishan Chand (PW -3) was requested to remain present on the spot. On reaching the spot, raiding party apprised the accused of his statutory right. He offered to be searched by the police officials vide Memo (Ex. PW -1/A). During the search, hidden inside the Tudi, police recovered a scooter tyre (Ex. P -1), in which two packets (Ex. P -2 & P -3), containing opium, were kept. Weights and scales were brought from the shop of Tilak Raj (PW -8) and the contraband substance weighed. Weight of one packet (Ex. P -1) was found to be 1.6 kgs and another packet (Ex. P -3) was found to be 1.2 kgs. Two samples, each weighing 25 grams, from each of the packets, were drawn and sealed with two seals of seal impression 'M'. Photographs (Ex. PW -2/A to 2/E) (negatives are Ex. PW2/A1 to 2/E1) of recovery were taken on the spot. NCB form (Ex. PW -17/B) was filled up. Ruka (Ex. PW -17/A) was sent through Constable Ashok Kumar (PW -12), on the basis of which FIR No. 47/08, dated 4.3.2008 (Ex. PW -6/A), under the provisions of Section 18 of the Act, was registered at Police Station, Indora. Accused was also arrested on the spot. NCB form and the case property was produced before SHO Shakti Prashad (PW -16), who resealed the same with his own seal of impression 'T' and deposited it in the Malkhana. MHC Rajinder Singh (PW -6) handed over the sealed samples to Dev Raj (PW -13), who deposited the same at the Forensic Science Laboratory (FSL), Junga. Report (Ex. PW -16/D), which confirmed the sample to be opium, was obtained and taken on record. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as 17 witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he took the following defence: