SUMIT KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) PRESENT appeal is filed against the judgment and sentence passed by learned Special Judge Kullu HP in Session Trial No. 28 of 2010 titled State of HP Vs. Sumit Kumar and another decided on 23.11.2011.

(2.) BRIEF facts of the case as alleged by prosecution are that on dated 4.4.2010 at 3.45 PM at a place named Jachhni District Kullu accused persons namely Sumit Kumar and Chaman Lal hatched conspiracy and were found in exclusive and conscious possession of 5.500 Kg charas. It is alleged by prosecution that co -accused Sumit Kumar who was in possession of bag was caught and other co -accused Chaman Lal could not be nabbed. It is alleged by prosecution that place of incident was secluded place and investigating officer associated ASI Naresh Chand and ASI Hari Singh as witnesses. It is further alleged by prosecution that investigating officer had suspicion regarding possession of some contraband and investigating officer apprised co -accused Sumit Kumar about his legal right to be searched either before magistrate or gazetted officer. It is further alleged by prosecution that co -accused Sumit Kumar had given option to be searched by police officials. It is further alleged by prosecution that police officials have also given their personal search to co -accused Sumit Kumar. It is further alleged by prosecution that co -accused Sumit Kumar was carrying 5.500 Kg charas in connivance with another co -accused Chaman Lal. It is further alleged by prosecution that investigating officer filled NCB forms in triplicate. It is further alleged by prosecution that specimen impressions of seal 'T' was obtained on pieces of cloth. It is further alleged by prosecution that investigating officer prepared rukka Ext PW7/A and also prepared spot map Ext PW7/B. It is further alleged by prosecution that investigating officer deposited case property along with NCB forms, sample of seal 'T' and other documents with MHC Paras Ram. It is further alleged by prosecution that investigating officer prepared special report Ext PW6/A and the same was submitted to Deputy Superintendent of Police Kullu. It is further alleged by prosecution that FIR Ext PW1/F was also recorded. It is further alleged by prosecution that case property was deposited in malkhana and entry was recorded in the register. It is further alleged by prosecution that thereafter PW1 MHC Paras Ram handed over cloth parcel Ext P1 sealed with six seals of 'T' along with NCB forms in triplicate, sample of seal and docket Ext PW1/D to constable Laxman Dass vide RC No. 41/2010 with the direction to deposit the same in FSL Junga for chemical analysis. It is further alleged by prosecution that PW4 HHC Laxman Dass on dated 6.4.2010 deposited case property in the office of FSL Junga vide receipt Ext PW1/E. It is further alleged by prosecution that investigating officer took into possession copies of special report, abstract of special report register, copy of RC and abstract of register No. 19 annexed with challan. It is further alleged by prosecution that as per report of FSL Junga the contraband was sample of charas. Charge was framed against co -accused Sumit Kumar under Section 20 of Narcotic Drugs and Psychotropic Substances Act and under Section 25 of the Arms Act 1959. Charge was framed against co -accused Chaman Lal under Section 20 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act 1985. Accused persons did not plead guilty and claimed trial.

(3.) PROSECUTION also produced following piece of documentary evidence in support of its case: -