YASH PAL Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment rendered on 2.6.2015 by the learned Special Judge, Solan, in Sessions trial No. 14-S/7 of 2012 whereby the latter convicted and sentenced the accused for his having committed an offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, for short "the Act ".

(2.) The accused/convict is aggrieved by the judgment of the learned Special Judge, Solan. Being aggrieved, he has by instituting the instant appeal before this Court assailed the findings recorded therein. A prayer has been made therein that his appeal be accepted and the findings of conviction recorded against him by the learned trial Court qua his having committed an offence punishable under Sec. 20 of the Act be reversed and set-aside in the exercise of its appellate jurisdiction by this Court.

(3.) Brief facts of the case are that on 27.7.2012, S.I Maheshender Singh , PW-9 along with HHC Laiq Ram, Constable Kewal Krishan, PW-6 and Bir Singh came to Solan from Police Station, State CID Bharari, Shimla after getting entered the rapat in the daily diary Ext.PW.2/E in an official vehicle, which was being driven by HHG Saroj Kumar and on reaching Solan, they associated with them SI Jai Gopal, PW-5 and proceeded towards Ochghat side on Rajgarh road on patrolling as well as to collect secret information. At about 12.15 A.M. during night when the aforesaid police officials were proceeding on the road then ahead of Kali Mata, Temple Shamti at a lonely place, they found one vehicle No.HP-12C-2962 to be parked there and on seeing the said vehicle the police officials alighted from their official vehicle and proceeded towards the vehicle and accused was found sitting alone in the said vehicle on the driver seat. On inquiry, the accused told that the vehicle had heated up and due to this reason he has parked the vehicle on the side of the road. S.I. Maheshender Singh, PW-9 asked the accused to produce the driving licence, but he could not produce the same and had shown the registration certificate, which was in the name of Rakesh Kumar Jamwal, resident of Lower Bazar, Solan, Bye pass. Thereafter the search of the vehicle was conducted by the police party and one POP bag with two strings was recovered from underneath the seat of the driver and on checking one transparent polythene pack was recovered from inside the polythene pack and on opening of the polythene pack another small carry bag light yellow in colour was recovered, which was containing Charas in the shape of wicks and balls. The charas so recovered was weighed and found to be 2 Kg 240 gms. After weighing the charas, it was placed in the same light yellow coloured carry bag, which was put into the polythene pack and was thereafter put inside the POP carry bag, which was sealed in a cloth parcel by affixing five seals of seal impression 'P', specimen of seal Ext.PW.5/A was taken separately and seal impression was also affixed over NCB form Ext.PW.9/A, which was filled in triplicate by the Investigating Officer. Thereafter, Ruka Ext.PW.9/B was prepared by the S.I. Maheshender Singh, PW-9, which was forwarded to the Police Station, State CID, Bharari, Shimla, through constable Kewal Krishan, PW-6 along with the parcel containing charas, sample seal, copy of seizure memo, NCB form in triplicate and on receipt of which FIR Ext.PW.2/A came to registered. The case property was deposited with the then MHC of the said Police Station, who made entry in the malkhana register, the abstract of which is Ext.PW.2/C. Site Plan Ext.PW.9/C was prepared by S.I. Maheshender Singh, PW-9, Investigating Officer and the accused was arrested vide memo Ext.PW.9/D. The parcel containing contraband along with sample seals, seizure memo, NCB form etc. was forwarded to FSL, Junga by HC Parkash Chand on 28.7.2012, through Constable Kewal Krishan, PW.6. The parcel on analysis was found to be containing extract of cannabis and sample of Charas. After completion of the investigation, challan, under Sec. 173 of the Crimial P.C. was prepared and filed in the Court.