NARENDER SINGH Vs. STATE OF H P

JUDGEMENT

(1.) Both these appeals arise from a common judgment hence are being disposed of by a common judgment. The aforesaid appeals have been preferred by the appellants/accused against the judgment, rendered on 15.12.2011 by the learned Special Judge, Mandi, District Mandi, H.P. in Sessions Trial No. 60/2010, whereby appellant/accused Murari Lal has been convicted and sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1,00,000/- for his having committed offence punishable under Section 20 (ii) (c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein-after referred to as 'NDPS Act'). In default of payment of fine, he has been sentenced to further undergo rigorous imprisonment for one year. Whereas, accused/appellant Narender Singh has been convicted and sentenced to undergo 3 years rigorous imprisonment and to pay a fine of Rs.50,000/- for his having committed offence punishable under Section 18 (c) of the Narcotic Drugs & Psychotropic Substances Act, 1985. In default of payment of fine, he has been sentenced to further undergo rigorous imprisonment for one year.

(2.) Brief facts of the case are that on 28.5.2010 Sub Inspector Minakshi along with other police officials, in official vehicle bearing registration No.HP-07B-0406 started from Shimla towards Mandi and Kullu etc. At about 6.45 P.M. on the said date, the said police party was present at place Known as Hanogi in District Mandi. At that place, S.I. Minakshi received the secret information regarding the fact that two persons, one of whom had worn a white and orange coloured T-shirt and blue pant aged about 21/22 years having rucksack on his back and second one, who had worn blue coloured check shirt and kargo pant aged about 20/21 years, having white colour envelope in his hand are on their way on foot from Thalout to Hanogi side. Both of them had started from Thalout side in order to sell the opium and charas. The said information was considered to be reliable by the I.O., as such, she sent information under Section 42(2) of the NDPS Act to her superior officials. Thereafter, she along with other police officials started towards Thalout side. At about 7.00 p.m., when the police party reached at a distance of about 500 meters short of Rains Nallah, then they stopped there, in order to wait for the aforesaid persons. Meanwhile a vehicle Bolero Camper jeep bearing No. HP- 33-2827 came there from Thalout side, which was signaled to stop. Two persons were found traveling in it. On inquiry, one disclosed his name Deepak and second disclosed his name as Sanjeet Sah. The I.O. apprised said two persons regarding the secret information, which she had received. Thereafter, both of them were associated in the raiding party. The polie party had given their personal search to the said two witnesses. It is further case of the prosecution that at about 7.15 P.M., the Investigating Officer noticed two persons coming from Thalout side and their physical description including the cloth etc., tallied with the description which she received from the informer. Hence, the said persons were nabbed and their names and addresses were ascertained. On inquiry, one disclosed his name as Maurari Lal son of Sh. Atma Ram and second disclosed his name as Narender Kumar son of Sh. Ghanshyam. Thereafter the Investigating Officer apprised them about the information, which she had received and gave the options to them to give their personal search as well as search of the rucksack to some Gazetted officer or Magistrate. These options have been given to them as their legal right. Both of them had given their consent to be searched by the police. The dark green rucksack was found on the right shoulder of the accused Murari Lal having two compartments and when the bigger one was opened, it was found containing a transparent polythene envelope containing tablet shaped and stick shaped black substance, which on smelling and experience was found to be charas. Similarly, the white coloured polythene, which the accused Narender was having in his hand, was searched. On opening, the same was also found containing another transparent envelope containing soft black substance, which on smelling and tasting was found to be opium. On weighment, the charas was found to be 4 kg and the opium was found to be 1 kg. The said recovered contraband was put in the separate parcels and was sealed with seal 'M'. Specimens of seal impression 'M' were separately obtained. Ruqua was sent to police station C.I.D., Shimla and the accused were arrested. Other codal formalities were completed on the spot.

(3.) After completion of the necessary investigation, into the offences, allegedly committed by the accused/appellants, challan was filed under Section 173 of the Code of Criminal Procedure.