CHAMAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against Judgment dated 20.5.2014/21.5.2014 rendered by learned Special Judge, Chamba Division Chamba (HP) in Sessions Trial No. 2/2013 (45/2013), whereby appellant -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1.00 Lakh, and in default of payment of fine, to further undergo simple imprisonment for one year.

(2.) CASE of the prosecution, in a nutshell, is that on 6.12.2012 Inspector/SHO Jagdish Chand of Police Station Khairi alongwith other police officials had gone to attend a police meeting at village Brangal. At 10.15 am, when police officials arrived at village Taleru Rain Shelter Dralka, accused was noticed alighting from HRTC Bus and going towards Rain Shelter Dralka. He was having a Pithu Bag on his back. On seeing the police officials, he started running towards village Dralka, which raised suspicion. He was overpowered. Accused was apprised of his legal right to be searched before a Magistrate or equivalent Gazetted Officer. Accused told that that he wanted to be searched before a Gazetted Officer. Accordingly, Kulwant Singh, Additional Superintendent of Police, who happened to be on tour to police post Brangal, was requested over mobile phone to come to the spot and conduct search of the accused. Kulwant Singh reached the spot. He informed the accused to be searched by the police and accused consented to be searched before him in the presence of witnesses. Kulwant Singh alongwith other police officials gave his personal search to the accused and thereafter Jagdish Chand conducted the search of the accused and Pithu Bag. Pithu bag was searched. It contained Charas. It weighed 3.800 kgs. Recovered Charas was put back in the polythene envelopes and Pithu bag and same was packed in a parcel sealed with six seals of 'M'. IO filled up NCB form in triplicate and affixed seal impression 'M' on it. Sample seal was taken and same after use was handed over to Tara Chand. Rukka was prepared. It was sent to the Police Station Chamba through Constable Naresh Kumar. FIR was registered. Case property was produced before ASI Prabhat Nanda, officiating SHO, who resealed the same with six seals of 'K'. He deposited the case property with MHC Vijay Kumar, who made necessary entry in the Malkhana Register. Case property alongwith docket and documents was sent to FSL Junga for chemical analysis through HHC Veer Singh vide RC No. 81/2012. Investigation was completed. Challan was put up in the Court after completing all codal formalities.

(3.) MR . Vinay Thakur and Mr. Brij Chauhan, Advocates, have vehemently argued that the prosecution has failed to prove its case against the accused.