USMAN SHAMSHUDEEN SHEKH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT -convict Usman Shamshudeen Shekh, hereinafter referred to as the accused, has assailed the judgment dated 17.11.2012, passed by the learned Special Judge, Shimla, in Sessions Trial No. 18 -S/7 of 2012, titled as State of Himachal Pradesh v. Usman Shamshudeen Shekh, whereby he stands convicted of the offence punishable under the provisions of Section 20 -61 -85 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 twelve years and pay fine of Rs. 15,00,000/ -, and in default thereof to further undergo rigorous imprisonment for a period of one year.

(2.) IT is the case of prosecution that on 2.4.2012, police party, comprising of HC Balbir Singh (PW -1), ASI Rajesh Kumar (PW -2) and SI Rupinder Kumar (PW -9) of Police Station, State CID Bharari, was on duty at Tara Devi and Shogi, in connection with detection of crime and collection of evidence. At about 6.30 p.m., at an isolated place, approximately 1 km ahead of Tara Devi, they noticed one person sitting on the parapet alongside the road. When police made enquiries, he became perplexed and tried to flee away. At that he was apprehended. On enquiry, he disclosed his name as Usman Shamshudeen Shekh, resident of Mumbai, also having his residence in District Kullu, Himachal Pradesh. On suspicion, he was sought to be searched. Vide memo (Ex. PW -1/B), he was informed of his statutory rights, on which he consented to be searched by the police party present on the spot. In the presence of ASI Rajesh Kumar (PW -2) and HC Balbir Singh (PW -1), SI Rupinder Kumar searched the accused and found packets wrapped with cello tape around his body. These packets contained Charas like substance, which upon weighment was found to be 1.9 kgs. The contraband substance was packed in a cloth and sealed with nine seals of seal impression 'P'. Facsimile of the seal was also separately taken on a piece of cloth (Ex. PW -1/D). NCB form (Ex. PW -3/D) was filled up in triplicate. HC Balbir Singh carried Rukka (Ex. PW -9/A), on the basis of which FIR No. 8, dated 2.4.2012 (Ex. PW -1/F), for offence under the provisions of Section 20 of the Act, was registered at Police Station, CID Bharari. Accused was arrested. With the completion of formalities on the spot and on return of the police the contraband substance was produced before ASI Veena (PW -4), the officiating SHO, who resealed the same with three seals of seal impression 'K', sample of which was also separately drawn on a piece of cloth (Ex. PW -4/A). Thereafter, the case property was deposited in the Malkhana by MHC Bhagirath (PW -3), who, after making entries in the record, sent the same, through Constable Joginder Singh (PW -6), for chemical analysis to the Forensic Science Laboratory, Junga. Report of the expert (Ex. PX) was obtained and taken on record by the police. Also, Special Report (Ex. PW -5/A) sent to the superior Officer was received by HC Pardeep Kumar (PW -5). With the completion of investigation, which, prima facie, revealed complicity of the accused in the alleged crime, challan was presented by SI Krishan Chand (PW -7) in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as nine witnesses and the statement of the accused, under the provisions of Section 313 of the Code of Criminal Procedure, was also recorded, in which he pleaded innocence and false implication.