RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 25.5.2009, passed by learned Special Judge, Chamba, Division, Chamba, H.P., in Sessions Trial No. 7 of 2009, titled as State of Himachal Pradesh vs. Rakesh Kumar, whereby appellant -accused stands convicted for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for a period of 10 years and pay fine of Rs. 1,00,000/ - and in default of payment of fine to undergo rigorous imprisonment for two years, he has filed the present appeal under the provisions of Section 374 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 16.12.2008, police party headed by ASI Kuldeep Singh (PW -9), ASI Lal Singh, HC -Anirudh, Const. Yakub Mohammad (all not examined) and Const. Latif Mohammad (PW -1) were on a patrol duty on the Sidhkund - Mani Road in their official vehicle bearing No. HP48 -0068, driven by Constable Neeraj Kumar (PW -2). At about 6.30 a.m. when they reached at a place known as Zero Point Bhamuie, they noticed that the accused who was carrying a bag, got frightened and trying to run away. On suspicion, PW -9 intercepted him. Further suspecting that the accused may be carrying some contraband substance, after apprising him of his legal right of being searched in accordance with law, accused, who consented to be searched by the police party vide memo (Ext. PW -1/A), was searched. From the bag (Ext.P -2), charas (Ext. P -4) wrapped in a polythene bag (Ext. P -3) in the shape of sticks and balls was recovered. Upon weighment it was found to be 3.8 kilograms. Two samples of 25 grams each were drawn and sealed with seal impression -A. Remaining bulk parcel was also sealed with the same seal impression. Specimen of seal impression (Ext. PW -1/C) was taken. NCB forms (Ext. PW -8/C), in triplicate, were filed up on the spot and contraband substance seized vide memo (Ext. PW -1/B). ASI -Kuldeep Singh sent Ruka (Ext. PW -9/A) through Constable Neeraj Kumar (PW -2), on the basis of which ASI Dharam Pal (PW -8) registered F.I.R. No. 258/2008, dated 16.12.2008 (Ext. PW -8/A) at Police Station Sadar, Distt. Chamba, H.P., under the provisions of Section 20 of the Act. File was taken back to the spot and accused arrested. Necessary investigation was also conducted and completed on the spot. Case property along with the NCB forms was handed over to ASI -Dharam Pal (PW -8) who resealed the same with his seal impression -H, whereafter it was deposited with MHC -Kailash Chand (PW -4) in the maalkhana. Sample was sent for chemical analysis to the State Forensic Science Laboratory, Junga through Constable Prabhat Chand (PW -5) and report (Ext. PX) received and taken on record. With the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined as many as nine witnesses and statement of the accused under Section 313 Cr.P.C. recorded, in which he took plea of innocence and false implication. In defence accused also examined Dinesh Kumar (DW -1) as his witness.