MOHINDER SINGH Vs. STATE OF H.P

JUDGEMENT

(1.) The instant appeal is directed against the impugned judgment rendered on 4.7.2015, by the learned Special Judge, solan, District Solan, H.P. in Sessions Trial No. 4 -S/7 of 2013, 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 punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, for short "the Act".

(2.) Brief facts of the case are that on 23.2.2013, HC Ram Pal, PW -12 along with HC Ambi Lal, Constables Ajay Kumar, Pawan Kumar, PW -1, Rohit Kumar and Bhupender Singh had gone for traffic checking and patrolling from the Office of SIU, Solan towards Kotla Nala, Shamti, Oachghat etc. after getting entered rapat in the daily diary Ext. PW -7/A and at about 11.45 AM, all the members of the police party were present at Zonal Hospital, Chowk near Police Assistance booth at Kotla Nala when a private bus bearing registration No. HP -16 -2185 came from Rajgarh side. The said bus was stopped for checking. HC Ram Pal along with Constable Pawan Kumar entered into the bus from front door, whereas HC Ambi Lal and Constable Ajay entered the bus from its rear door and they started checking the luggage of the passengers travelling in the bus. The accused was sitting on seat No. 15 and on seeing the police party, the accused became perplexed. The accused at that time was carrying a bag on his lap. The bag of the accused was searched from which one jacket was recovered and on checking of the jacket one transparent polythene pack was recovered from inside the jacket, which on opening was found to be having charas in the form of wicks. The accused on enquiry also disclosed that recovered substance was charas which was also found to be so by HC Ram Pal, PW -12. Gian Chand, PW -4, Narender Sharma, PW -5, who were sitting on seats No. 16 and 17 and Sandeep Kumar, PW -2, conductor of the bus and Virender Kumar, PW -3, driver of the bus were associated in the search and charas so recovered was weighed and found to be 2 kgs. The charas so recovered was put back in the same transparent polythene bag, which was put in a cloth parcel and the parcel was sealed with five seals of impression 'A'. The specimen seal Ext. PW -1/A was taken separately and seal impression was affixed over the NCB form Ext. PW -11/D, which was filled in triplicate at the spot by the Investigating Officer and parcel containing contraband along with pithu bag and jacket were taken into possession vide memo Ext. PW -1/B. Photographs Ext. P.9 to Ext. P.11 were taken and the videography of the spot proceedings was also done. Rukka Ext. PW -11/A was prepared by HC Ram Pal, PW -12 and was forwarded to the police station, Sadar Solan through Constable Pawan Kumar, PW -1, on receipt of which FIR Ext. PW -10/A came to be recorded at the Police Station, Sadar Solan by Inspector Chaman Lal, PW -11. Site Plan Ext. PW -12/A was prepared by HC Ram Pal and the accused was arrested vide memo Ext. PW -12/F. The case property alongwith sample seals, seizure memo, NCB form were deposited with HHC Narender Parkash, PW -8, Incharge Malkhana, Police Station, Sadar Solan, who made entry in the Malkhana register, the abstract whereof is Ext. PW -8/A. On 26.2.2013, the parcel containing contraband alongwith sample seals, copy of seizure memo, NCB form etc. were forwarded to FSL, Junga through Constable Om Prakash, PW -6 vide RC Ext. PW -6/A, who had deposited the same at FSL, Junga in a safe condition and as per the report of Chemical Examiner Ext. PW -11/F, the parcel of analysis was found to be containing extract of cannabis and sample of charas. On 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.