CHAINKA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 30.4.2011, passed by learned Special Judge, Fast Track Court, Chamba, District Chamba, H.P., in Sessions Trial No. 11 of 2010, titled as State of Himachal Pradesh vs. Chainka Ram & another, 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 simple imprisonment for one year, he has filed the present appeal under the provisions of Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 14.1.2010, at about 1.35 p.m. police party headed by Inspector Brij Mohan Sharma (PW -7), comprising of Constable Yog Raj (PW -1), HC -Ashok Kumar (PW -5), HC -Deep Kumar (PW -6), HC -Avinder Singh (not examined) and HHG -Sudershan left Police Station Tissa on a patrol duty, in connection with detection of crime. At about 3.45 p.m., when they reached at a place known as Maseu Naala, they saw two persons coming from Himgiri side. Seeing the police party, they got perplexed and tried to flee away but were apprehended by the police officials. On query, both disclosed their names as Chainka Ram (appellant herein) and Sanju Kumar (co -accused), respectively. Suspecting that they might be carrying some contraband substance, after apprising them of their legal right of being searched in accordance with law, both the accused, who consented to be searched by the police party vide memo (Ext. PW -5/A), were searched. Though from personal search nothing incriminating was recovered but however, from the sack so carried by Chainka Ram, charas in the shape of sticks was recovered, which upon weighment was found to be of 16.2 kilograms. The sack was sealed with five seals of seal impression - P. Specimen of seal impression (Ext. PW -5/C) was taken on a piece of cloth. NCB forms (Ext.PW -4/F), in triplicate, were filled up on the spot and contraband substance seized vide memo (Ext. PW -5/D). Inspector Brij Mohan Sharma sent Ruka (Ext. PW -2/A) through HC -Deep Kumar (PW -6), on the basis of which HC -Madan Lal (PW -4) registered F.I.R. No. 8/2010, dated 14.1.2010 (Ext. PW -4/A) at Police Station Tissa, Distt. Chamba, H.P., under the provisions of Sections 20 and 29 of the Act. Necessary investigation was also conducted and completed on the spot. Also accused were arrested. Case property along with the NCB forms was handed over to HC -Madan Lal (PW -4), also officiating as MHC at the police station, who kept the same in the maalkhana. Special Report (Ext. PW -2/B) was sent to the superior officer which was received in the office of the Superintendent of Police Chamba by HC -Subhash Sharma (PW -2). For Chemical analysis, Const. Som Parkash (PW -3) took the parcel along with NCB forms and deposited the same at the State Forensic Science Laboratory, Junga. Report (Ext. PX) so received was 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 seven witnesses and statements of both the appellant -accused as also his co -accused under Section 313 Cr.P.C. were recorded, in which appellant took the following defence: