PREM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal is directed against the judgment, rendered on 4.4.2012, by the learned Special Judge, Kullu, H.P., in Sessions trial No. 1 of 2011, whereby, the learned trial Court convicted and sentenced the accused/appellant Prem Chand to undergo rigorous imprisonment for a period of ten years and to pay a fine in a sum of Rs. 1,00,000/ - (One Lac) and in default to further undergo imprisonment for a period of one year for commission of offence under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) THE facts, in brief, are that on 8.10.2010, at about 1.40 p.m. at place Gahanu Ban, PW -9 SI Rattan Singh alongwith ASI Rajesh Kumar, PW -6 Ram Nath, PW -8 HC Devinder, PW -7 C. Pargeen and C. Naresh signaled to stop the vehicle bearing registration No. HP -01K -1865 coming from Chong side, but the driver tried to run away from that place, whereupon PW -9 with the help of other police officials stopped the vehicle and found one driver and one another person sitting in the cab. PW -9 and other police officials disclosed their identity to the accused persons, on which they got perplexed. The place was isolated therefore no independent witnesses could be associated. PW -9 associated ASI Rajesh and PW -6 ASI Ram Nath and conducted the search of the cab. During checking in the presence of witnesses, five packets wrapped in khaki coloured cello tape were found kept in pink coloured handbag inside the backpack. All the five packets were opened, the same were found to be containing ten packets each having black coloured substance in rectangular shape wrapped in transparent polythene paper. On physical verification, the same was found to be charas. On weighing the contraband, the same was found to be 5 kgs 150 grams. The charas so recovered was put in the same transparent polythene papers in the same manner. The backpack was put in a cloth parcel and sealed with seal impression S at 12 places. Facsimile of seal S Ex. PW -6/A was taken. NCB forms in triplicate Ex. PW -1/B were filled in by the Investigating Officer. Under memo Ex. PW -6/B the case property was taken into possession. Rukka PW -9/B was prepared by the investigating Officer and same was handed over to ASI Ram Nath with a direction to fax the copy to SP State CID Shimla. PW -6 ASI Ram Nath on return, handed over the receipt comprised in Ex. PW -6/A to PW -8 HC Devender Singh alongwith case property, NCB -1 forms in triplicate, samples of seals, copy of seizure memo and other documents with a direction to transmit the same to PS State CID Bharari for registration of case. PW -9 prepared the site plan comprised in Ex. PW -9/C and recorded the statements of the witnesses. FIR Ex. PW -1/A was registered. Vide memos Ex. PW -9/D and PW -9/E the accused persons were apprised about their arrest. Thereafter the cab was handed over to MHC. PW -9 on 9.10.2010 prepared a special report and handed over the same to HC Parveen Kumar with a direction to deliver the same to SP (Crime) CID, Shimla. The same was handed over by C Parveen Kumar to Reader of SP (Crime), the IGP, CID made endorsement with red circle on Ex. PW -4/A and returned the same to PW -4 ASI Shiv Ram, who after preparing photocopy of the same, handed over the same to C Praveen Kumar. On 9.10.2010 on receipt of case property alongwith relevant documents from HC Devender Kumar Inspector Meenakashi resealed the parcel with seal impression M at 10 places and took facsimile of seal "M" Ex. PW -5/A on cloth piece. He also filled in columns of NCB -1 in triplicate Ex. PW -1/D and deposited the property in Malkhana. On 11.10.2010 PW -1 handed over the parcel, NCB -1 in triplicate and other relevant documents to H.C. Devender Singh vide RC Ex. PW -1/C with a direction to deposit the same at FSL Junga. On receipt of FSL report Junga comprised in Ex. PW -3/A, it was found that the contraband recovered from the accused was found to be the extract of cannabis and sample of charas. On conclusion of the investigation, into the offences, allegedly committed by the accused, final report under Section 173 of the Code of Criminal Procedure was prepared and presented in the Court.

(3.) IN order to prove its case, the prosecution examined 9 witnesses. On closure of prosecution evidence, the statements of the accused, under Section 313 of the Code of Criminal Procedure, were recorded, in, which they pleaded innocence and claimed false implication. They chose to lead evidence in defence. Accused Chaman Lal has examined four DWs and one witness DW -5 was examined by accused Prem Chand in his defence.