NARESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeals are directed against the judgment of 19.5.2014 rendered by the learned Special Judge, Solan, District Solan, H.P., in Sessions trial No. 5 -S/7 of 2011, whereby, the learned trial Court convicted and sentenced the accused/appellants Naresh Kumar, Sonu, Joginder Singh and Sunil Kumar to undergo rigorous imprisonment for a period of ten years each and to pay a fine in a sum of Rs. 1,00,000/ - (One Lac) each and in default of payment of fine to further undergo simple imprisonment for a period of two years each for commission of offence under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ACT) whereas and accused/appellant Kewal Ram was convicted and sentenced 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 two years for commission of offence under Section 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) THE facts, in brief are that, on the intervening night of 20/21.1.2011, HC Prem Dass alongwith C Bahadur Singh, HHG Shyam Lal, HHG Manohar Lal and C Raj Pal were present at National Highway -22 at place Sector 3 near Shivalik Agro Company. At about 2.15 a.m. one Maruti car bearing registration No. DL -3CM -7361 came from Shimla side was signaled to stop by them. The driver of the car stopped the car at some distance. At that time, it was noticed that in the car two persons were sitting on the front seat and two others were on the back seat. On inquiry the driver of the vehicle disclosed his name to be Naresh Kumar S/o. Dalel Singh and the person sitting on the front seat disclosed his name to be Joginder Singh S/o. Gulab Singh and the persons sitting on the back seat disclosed theirs names as Sonu and Sunil Kumar R/o Haryana. The driver of the vehicle was asked to unlock the dickey of the car for checking. On checking the dickey of the car, one black coloured rexin bag was found. On checking the bag aforesaid, there were two cream coloured bags in which charas in the shape of wicks and balls was found and one shirt of cream colour "Checkdar" was also found inside the rexin bag. Thereafter the police officials checked the vehicle bearing No. DL -3CM -7361 and underneath the mat of the front seat one green coloured bag marked 'ARIA' was found. Inside the green coloured bag, there was a red coloured bag in which charas in the form of sticks and balls, was found. Subsequently, with the help of weights and scales, the police officials weighed the contraband kept in two cream coloured bags and on weighment of one bag 2 kg Charas and in the another bag 1Kg. 500 grams charas was found. After weighment, the charas was again put in the rexin bag in the same manner as it was opened and the recovered charas and the shirt was put in a cloth parcel and sealed with the seal impression 'N'. The charas found underneath the mat of the front seat on weighment was found to be 2 Kg. 700 grams, which was put in the bag as it was opened and was put in the cloth parcel and sealed with the seal impression 'N'. Both the cloth parcels, one containing 3.5 kgs and the other containing 2.7 Kgs charas were sealed with six seals each of seal impression N and separate seal impression N Ex. PW -1/A. NCB -1 forms were also filled in at the spot and the seal after its use was handed over to him. Thus, in all, 6.200 Kgs of charas had been recovered from the conscious and exclusive possession of the accused. The charas weighing 6 Kg 200 grams alongwith vehicle bearing No. DL -3CM -7361 and its documents were taken into possession vide seizure memo comprised in Ex. PW -1/B, which bears the signatures of the witnesses and the accused. NCB form in triplicate had been filled in. The photographs of the proceedings Ex. P -14 to Ex. P -25 have been clicked. Site map comprised in Ex. PW -14/B was also prepared. HC Prem Dass prepared Rukka comprised in Ex. PW -14/A and had sent it to police Station, Parwanoo for registration of the case/FIR through Constable Raj Pal. On receipt of Rukka, FIR Ex. PW -5/E came to be registered. Thereafter, personal search of the accused were conducted. Thereafter, the charas parcels alongwith NCB -1 form, samples of seals N and K were sent to FSL, Junga for analysis. The other case property i.e. car, its documents, keys had also been deposited by HC Prem Dass with MHC, who had entered the entire case property in malkhana register, the abstract of which is comprised in Ex. PW -5/A to PW -5/C. CIPA certificate comprised in Ex. PW -5/L was also prepared. HC Prem Dass prepared special report comprised in Ex. PW -3/A and had sent the same to SDPO Parwanoo for information, who had made endorsement on it and handed over one copy of it to constable Ram Lok, which was further handed over by him to Investigating Officer of the case. On 21.1.2011 the case property was sent by MHC to FSL Junga through C Vijay Kumar. During the course of interrogation of the accused, they had disclosed that the charas recovered from them had been purchased by them from their co -accused Kewal Ram. Accused Sonu had also revealed the phone number of accused Kewal Ram as 98162 -23243. ID proof and call details of the this number was collected. On perusal of the call details they were found to have been used on 20.11.2011. The accused Naresh Kumar and Sonu had disclosed the location of accused Kewal Ram and the spot was identified vide maps comprised in Ex. PW -14/G and PW -14/H. The house of accused Kewal Ram was searched, but nothing was recovered from his house, memo comprised in Ex. PW -14/J was prepared to this effect. Then accused Kewal Ram was arrested vide memo Ex. PW -14/L. During the course of his interrogation, he had disclosed that he had supplied the charas to the accused and in lieu of that they had supplied him motorcycle bearing registration No. HR -12 -F -3112, the value of which was Rs. 70,000/ -. On the disclosure statement of accused Kewal Ram comprised in Ex. PW -7/A, the motor cycle was got recovered and taken into possession vide seizure memo comprised in Ex. PW -7/B. Spot map of said recovery is comprised in Ex. PW -14/M. On the receipt of FSL report and on conclusion of the investigation, into the offences, allegedly committed by the accused, final report under Section 173 of the Code of Criminal Procedure was prepared and presented in the Court.

(3.) THE accused persons were charged, for, theirs having committed offence punishable under Sections 20 and 29 of NDPS Act, by the learned trial Court, to, which they pleaded not guilty and claimed trial.