HARDEEP SINGH Vs. STATE OF H P

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 16.7.2012, rendered by the learned Special Judge, FTC, Una, H.P, in Sessions Case No. 12 -VII -2011, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND and PS Act), has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1,00,000/ - and in default of payment of fine, he was further ordered to undergo rigorous imprisonment for six months.

(2.) THE case of the prosecution, in a nut shell, is that on 16.1.2011 at about 4:20 AM, the police officials, namely, SI Shakti Singh alongwith ASI Sewa Singh and others were on patrolling in Govt. vehicle No. HP -20 -C -0507. It was driven by Const. Rakesh Kumar from Haroli to Tahliwal side. HC Sanjay Kumar met the police party and got his statement Ext. PW -7/A recorded with SHO to the effect that when he was present at Tahliwal near Haroli road Chowk at about 4:10 AM, he received telephonic information about the indulgence of accused Hardeep Singh in illegal business of selling poppy husk and he has gone towards Hoshiarpur in his Car No. PB -08W -4849 for bringing contraband and accused often use Nhai Da Mour to Palkwah road for bringing the contraband and if naka is laid at Nichla road, he can be caught red handed. The information was well founded and trustworthy. Accordingly, the statement of HC Sanjay Kumar was sent to PS on the basis of which FIR Ext. PW -7/B was registered. Report Ext. PW -8/A under Section 42 (1)(ii) was prepared and sent to SP, Una through Const. Sanjay Kumar. Naka was laid near Nichla Palkwah road to Bhai da Mour and at about 5:30 AM, a car bearing No. PB -08W -4849 came from Bhai da mour side which was stopped. Accused was found in the vehicle. He disclosed his name as Hardeep Singh and consent memo Ext. PW -5/A under Section 50 was prepared and HC Sanjay Kumar was sent to bring the Pradhan of the Gram Panchayat. In the presence of the accused, vehicle was searched leading to recovery of four plastic sacks from its dicky. No independent witness was available on the spot and local witnesses were arranged. In the morning at about 7:40 AM, after arranging the electronic weighing scale, the sacks were checked and on smelling sacks were found to be containing poppy husk. The contraband was weighed in the presence of witnesses Heera Devi and Sandeep Kumar. Sack No. 1 contained 33.620 kg, 2nd sack contained 34.970 kg, 3rd sack contained 35.110 kg and 4th sack contained 38.800 kg. The total weight of the contraband was found to be 138.500 kgs. All the sacks were made homogeneous and four samples of 1 kg each Ext. SB -1 to SB -4 were taken. The samples and bulks were sealed with seal impression "J" and sample seal was separately drawn as Ext. PW -2/A on a piece of cloth. The IO filled in column Nos. 1 to 8 of the NCB forms. The seal was entrusted to witnesses Heera Devi and sack were marked as B -1 to B -4. Sacks, samples, vehicle, NCB forms and sample seal were taken into possession vide memo Ext. PW -2/B. The IO prepared the spot map. The accused was arrested and searched. The contraband was produced before SI Baldev Ram, who resealed the case property with seal "K". Special report was sent to the SP, Una. On 26.2.2011, IO moved an application Ext. PW -15/A before the learned JMIC, who prepared inventory Ext. PW -15/C. Samples were sent to chemical analysis and report was obtained. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) THE prosecution, in order to prove its case, has examined as many as 21 witnesses. The accused was also examined under Section 313 Cr.P.C. The accused has denied the prosecution case and has pleaded ignorance. The learned trial Court convicted the accused, as noticed hereinabove.