JAWAHAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant -convict Jawahar Singh, hereinafter referred to as the accused, has assailed the judgment dated 19.11.2014, passed by Special Judge (III), Mandi, District Mandi, Himachal Pradesh, in Sessions Trial No. 39/2013/2011, titled as State of Himachal Pradesh v/s. Jawahar Singh, whereby he stands convicted of the offence punishable under the provisions of Sec. 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 seven years and pay fine of Rs. 1,00,000/ -, and in default thereof to further undergo simple imprisonment for a period of one year.

(2.) It is the case of prosecution that on 26.2.2011, a police party, comprising of ASI Satpal (PW -14), HC Thakur Singh (PW -2), HHC Amar Singh (PW -3), HHC Raj Kumar (not examined) and HHC Jawala Ram (PW -1), was on patrol duty at a place known as Ghatta. At about 10 a.m., police party saw the accused come from Baijnath side. Observing the movement of the accused to be suspicious, police party nabbed him. They suspected him of carrying some contraband substance. After apprising him of his statutory rights and obtaining consent, vide Memo (Ex. PW -1/A), and associating police officials HHC Jawala Ram and HC Thakur Singh as witnesses, accused was searched. On search, it was found that he had concealed a bag under his armpit, which contained charas. HHC Amar Singh brought the weights and scale from Shri Vishal Mahant (PW -4). The recovered contraband substance was weighed and found to be of 850 grams. The same was sealed in a parcel with six seals of seal impression 'T'. NCB form (Ex. PW -11/C) was filled up in triplicate. Ruka (Ex. PW -14/B), carried by HHC Amar Singh, led to registration of FIR No. 36, dated 26.2.2011 (Ex. PW -11/A), for commission of offence punishable under the provisions of Sec. 20 of the Act, at Police Station, Jogindernagar, District Mandi, Himachal Pradesh. Special Report (Ex. PW -13/A) was sent to the Superior Officer. The contraband substance and the accused were produced before the SHO Shakuntla (PW -11), who resealed the contraband substance with three seals of seal impression 'H' and handed it over to MHC Chander Shekhar (PW -10). Thereafter, the contraband substance was produced before the Judicial Magistrate 1st Class, where samples were drawn and the contraband substance and the parcels were resealed. The sample was carried by Constable Rakesh Kumar (PW -5) to the Laboratory for analysis and report (Ex. PB) obtained. On completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) Accused was charged for having committed an offence punishable under the provisions of Sec. 20 of the Act, to which he did not plead guilty and claimed trial.