SURESH KUMAR Vs. STATE OF H.P

JUDGEMENT

(1.) The instant appeal is directed against the impugned judgment rendered on 25.5.2015, by the learned Special Judge, Kinnaur Sessions Division at Rampur Bushehar, H.P. in Sessions Trial No. 0000001/2014, whereby the learned trial Court convicted and sentenced the accused/appellant to undergo rigorous imprisonment for a period of ten years and to pay a fine in a sum of Rs. 1,00,000/ -(one lac) and in default of payment of fine to further undergo simple imprisonment for a period of one year for commission of offence under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, for short "the Act".

(2.) Brief facts of the case are that on 7.10.2003, at about 4.15 PM, a police party headed by S.I. Gambhir Chand, SHO Police Station, Nirmand accompanied by ASI Mohan Singh, HC Sushil Kumar No. 69, Constable Chand Mishra No. 352 and Constable Diwan Chand No. 93 left police Station, Nirmand, District Kullu, H.P. in a private vehicle equipped with alcohol sensor, drug kit and investigation kit for routine patrol duty towards Dev Dhank, Kedas etc. At about 5.30 PM, at Chambudhar Mod, the police officials spotted the accused coming on foot from Dev Dhank towards the main road carrying a backpack (Pithu) on his right shoulder. The accused on seeing the police party turned around and started running. He was chased, overpowered and apprehended by S.I. Gambhir Chand, after ascertaining the identity of the accused, disclosed his intention to conduct his personal search and search of the backpack (Pithu). Thereafter, the accused was apprised of his right to be searched either by a Gazetted Officer or a nearest Magistrate in terms of Sec. 50 of the Act and prepared consent memo. The accused exercised his option to be searched by the police officials present on the spot. S.I,. Gambhir Chand thereafter constituted a raiding party by associating two witnesses ASI Mohan Singh and HC Sushil Kumar No. 69 and searched the backpack (pithu) being carried by the accused. On search of the backpack (Pithu) of the accused, it was found carrying one green carry bag tied with red ribbon on the top containing black coloured round shaped substance in the form of balls. Identification of the substance was conducted with the help of drug detection kit as Charas (cannabis). The contraband recovered from the conscious and exclusive possession of the accused was weighed along with carry bag and was found 1.620 kg. The weight of the carry bag was found 10 grams and that of Charas 1.610 kg. The recovered contraband was put into same carry bag and thereafter it was put in the backpack (Pithu), which was stitched and sealed in white cloth parcel by affixing 9 seals bearing impression 'H'. The sealed parcel thereafter was taken into possession vide seizure memo Ext. PW.1/D. Copy of seizure memo was also handed over to the accused free of costs. The sample of seal impression 'H' was taken on a separate piece of cloth for the purpose of record. S.I. Gambhir Chand thereafter filled NCB -I form in triplicate. Thereafter Rukka was sent through Constable Diwan Chand No. 93 to police station, Nirmand and on the basis of which FIR No. 81/2013, dated 7.10.2013 was registered against the accused under Sec. 20 of the Act. S.I. Ghambhir Chand thereafter prepared spot map and recorded the statements of witnesses under Sec. 161 Cr.P.C. The accused was arrested on 7.10.2013 at 7.30 PM on the spot. The sealed parcel along with other relevant documents were sent to State FSL, Junga through Constable Jiwa Chand No. 216 for chemical examination. As per the FSL report, the exhibit under reference indicated the presence of cannabinoids including the presence of tetrahydrocannabinol. The microscopic examination indicated the presence of characteristic cytolithic hairs. The Charas is a resinous mass which on testing was found present in the exhibit. The exhibit was opined as extract of cannabis and sample of Charas. After completion of the investigation, challan, under Sec. 173 of the Cr.P.C. was prepared and filed in the Court.

(3.) The trial Court charged the accused for his having committed an offence punishable under Sec. 20 of the Act to which he pleaded not guilty and claimed trial.