PRAHALAD SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 11.6.2013 rendered by the Special Judge, Mandi in Sessions Trial No. 66 of 2010, whereby the appellantaccused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/ - and in default of payment of fine, he was further ordered to suffer rigorous imprisonment for a period of one year. Accused Samander Singh was acquitted by the trial court.

(2.) CASE of the prosecution, in a nutshell, is that on 29.7.2010, PW -10 ASI Ram Lal, the -then Investigating Officer Police Station, Sadar Mandi alongwith PW -9 Constable Suresh Kumar, PW -7 LHC Narpat Ram, Constable Kashmir Singh and Constable Dhameshwar Singh was present at Bindvani on Naka duty. A HRTC bus bearing registration No. HP -69 -1094 came from Kullu side at about 6:15 p.m. It was enroute Manali to Dellhi. The bus was stopped for the purpose of checking. The Police officers entered the bus. Accused Prahlad was occupying seat No. 23 and accused Samander Singh was occupying seat No. 24. They started behaving strangely. They were brought down from the bus. Accused Prahalad Singh was in possession of rucksack, which he had kept on his lap. PW -8 Mohan Singh along with Conductor was associated in the investigation by the police. The police officials gave their search to the accused. The rucksack was searched. It was found containing pillow type bag. It was opened. It contained 4 kgs of cannabis. The pillow cover was again put into rucksack. Thereafter, it was put in a parcel. It was sealed with 16 seal of impression "A". NCB form in triplicate Ext. PW2/B was prepared. Specimen seal impression was also affixed. The parcel containing contraband was seized vide memo Ext. PW7/B. Rukka Ext. PW10/A was prepared. It was sent to the Police Station through PW -9 Constable Suresh Kumar. FIR Ext. PW1/A was registered. Accused were arrested. The parcel containing contraband along with sample seal and NCB form were produced before PW -6 Surender Pal. He re -sealed the parcel containing contraband with 6 seals of impression "C". He also affixed the seal impression on NCB form and specimen of the seal used was taken separately vide resealing certificate Ext. PW2/A. The case property alongwith sample seal, NCB form and seizure memo etc. was deposited with PW -2 HC Anil Kumar. He made entry in the mallkhana register vide abstract Ext. PW2/D. The contraband was sent to F.S.L., Junga through PW -5 Constable Jiwa Nand. The chemical examiner report is Ext. PA and special report is Ext. PW3/C. Police investigated the case and the challan was put up in the court after completing all the codal formalities.

(3.) PROSECUTION examined as many as 10 witnesses in all to prove its case against the accused. Statements of accused under Section 313 Cr.P.C. were recorded. They have denied the case of the prosecution in entirety. Learned trial Court convicted and sentenced the accused Prahalad Singh and acquitted accused Samander Singh, as noticed hereinabove.