ROSHAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) PRESENT appeal is filed against the judgment and sentence passed by learned Special Judge Mandi HP in Session Trial No. 8 of 2009 titled State of HP v. Roshan Lal decided on 1.8.2013.

(2.) IT is alleged by prosecution that on dated 29.8.2008 PW7 Om Parkash along with Inspector Shamsher Singh, PW6 Constable Pankaj Kumar, PW3 HC Rajesh Kumar, Constable Brijesh Kumar and Constable Jeet Ram were present at Shilla sward on Ghatashani Joginder Nagar road for traffic checking. It is further alleged by prosecution that at about 7.30 AM a maruti car came there in which PW2 Ramesh Kumar and one Manjeet Singh were sitting. It is further alleged by prosecution that vehicle was signaled to stop by police officials for the purpose of checking. It is further alleged by prosecution that in the meantime accused came from Barot side carrying bag on his left shoulder. It is further alleged by prosecution that when accused saw police officials he tried to run back and he was apprehended on suspicion. It is further alleged by prosecution that consent for search was obtained vide memo Ext PW6/A. It is further alleged by prosecution that all members of police party and witnesses have given their personal search vide memo Ext PW3/A but no incriminating substance was found from possession of police officials and witnesses. It is further alleged by prosecution that thereafter bag was searched which was in the possession of accused. It is further alleged by prosecution that in bag another polythene bag was kept containing charas in the shape of sticks. It is further alleged by prosecution that 850 grams charas was found from exclusive and conscious possession of accused. It is further alleged by prosecution that two samples each weighing 25 grams were separated from charas and thereafter sealed in separate parcel. It is further alleged by prosecution that specimen of seal Ext PW6/B was obtained vide memo Ext PW2/B. It is further alleged by prosecution that NCB form Ext PW7/A was filled in triplicate and seal after use was handed over to Manjeet Singh. It is further alleged by prosecution that rukka Ext PW7/B was prepared and was sent to police station through constable Rajesh Kumar and on receipt of rukka FIR Ext PW5/B was registered. It is further alleged by prosecution that spot map Ext PW7/C was prepared. It is further alleged by prosecution that case property along with sample seal, NCB form and seizure memo were produced before Inspector Shamsher Singh who resealed each parcels. It is further alleged by prosecution that resealing certificate Ext PW7/E was issued by SHO. It is further alleged by prosecution that thereafter case property along with sample of seal, NCB form and seizure memo were deposited with ASI Kuldeep Singh who recorded entry in malkhana register. It is further alleged by prosecution that abstract of malkhana register is Ext PW5/E. It is further alleged by prosecution that on dated 3.9.2008 sample parcel along with sample seal, NCB form in triplicate and seizure memo were forwarded to FSL Junga through constable Rajinder Singh vide RC Ext P.W. 1/A. It is further alleged by prosecution that report of chemical examiner Ext PW7/F was obtained. It is further alleged by prosecution that special report Ext PW6/C was prepared and was forwarded to S.P SV &ACB Mandi through constable Pankaj Kumar. Charge was framed by learned Special Judge Mandi on dated 1.11.2011 under Section 20 of Narcotic Drugs and Psychotropic Substance Act 1985. Accused did not plead guilty and claimed trial.

(3.) STATEMENT of accused under Section 313 Cr.P.C. was also recorded. Accused did not lead any defence evidence. Learned trial Court convicted appellant to undergo rigorous imprisonment for a period of five years and to pay fine to the tune of Rs. 50,000/ - (Fifty thousand). Learned trial Court further directed that in default of payment of fine appellant shall further undergo simple imprisonment for a period of one year. Learned trial Court further directed that period of detention undergone by convict during investigation and trial will be set off as provided under Section 428 Cr.P.C..