MANMOHAN SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal is directed against the judgment of 13.8.2014, rendered by the learned Special Judge(1) Una, District Una, H.P., in Sessions Case No. 17/2013, whereby, the learned trial Court convicted and sentenced the accused/appellant to undergo rigorous imprisonment for a period of 12 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 21(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act").

(2.) The facts, in brief are that, on 10.8.2013, SI Krishan Lal Beri alongwith other police officials were present at Una-Mehatpur Road near Railwany Bridge, Shani Mandir at about 8.15 a.m. and laid a Nakka for conducting traffic checking. At about 10.30 a.m. one motorcycle, black in colour, having registration No. HP-20D- 8788 came from Mehatpur side having bags on both handles of the motorcycle. SI Sanjay stopped the motorcycle and asked about the antecedents of the motorcyclist, who disclosed his name to be Manmohan Sharma. The police checked the bags aforesaid and found medicines/drugs/injections in the bags. SI Sanjay then asked the motorcyclist about the documents/licence relating to those medicines/drugs/injections. However, the accused could not produce any documents. Thereafter, rukka was prepared by SI Krishan Lal Beri and handed over the same to C Rajat Kumar with direction to take the same to police Station. The police also prepared spot map. The IO called drug inspector on his mobile phone and narrated him the description of medicines and drugs recovered from the motorcyclist. The Drug Inspector told I.O that except for one or two medicines, rest of them are psychotropic substances and asked the IO to prepare separate samples of those drugs/psychotropic substance. Thereafter, the Investigating Officer prepared three parcels from the drugs recovered from the accused and sealed all three parcels with seal impression B. He also prepared sample of seals on pieces of clothes. NCB-1 form in triplicate was filled in by the IO. The I.O also took in to possession the motorcycle alongwith keys, drugs parcels and prepared seizure memo. He deposited all these articles in Malkhana. The IO moved an application to Drug Inspector on 13.8.2013 for verifying the facts as to whether the accused was having the licence to keep all these drugs and psychotropic substances or not and the drug inspector replied to all the queries of IO through a separate letter. Prior to that, the accused was arrested on 10.8.2013 and intimation of his arrest was given to his brother. The IO also sent special report to S.P Una. On 12.8.2013 the medical store of the accused was searched in the presence of Drug Inspector, Pradhan and upPradhan of Gram Pachayat, Arniala, however, no incriminating drug or psychotropic substance was found in the shop of the accused. The accused made a disclosure statement regarding a room/store taken on rent by him from one kasturi lal of village Bhadolian khurd, Una. Thereafter, police went to the house of Kasturi Lal alognwith the accused. On searching the room taken on rent by the accused, a huge quantity of Narcotic and Psychotropic drugs were recovered. All the drugs were put in one white plastic sack and four parcels. All the parcels were duly sealed with seal impression A. The parcels were taken in possession by the Police vide separate seizure memo. NCB-1 form was filled in by the IO. Spot map was also prepared. Statements of witnesses were also recorded. The police has also obtained certificate from the owner of the room. The photographs of the rented room were also clicked with the help of one Rajat Kumar, photographer. The rented room was also video graphed by one police official with the help of his mobile. The compact disc of that video was also obtained. The drugs and psychotropic substances kept in parcel were sent to FSL, Junga for chemical analysis. On conclusion of the investigation, into the offence, 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 person was charged, for, his having committed offence punishable under Section 21(c) & 22 of the NDPS Act, by the learned trial Court, to, which he pleaded not guilty and claimed trial.