CHUNI LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal is directed against the impugned judgment rendered on 26.11.2011, by the learned Special Judge, Mandi Himachal Pradesh in Sessions trial No. 34 of 2010, whereby, the learned trial Court convicted and sentenced the accused/appellant to undergo rigorous imprisonment for a period of fifteen years and to pay a fine in a sum of Rs. 1,50,000/ - (One Lac Fifty Thousand) and in default to further undergo imprisonment for a period of six months for commission of offence under Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) BRIEF facts of the case are that on 23.2.2010 at about 9.30 a.m., PW -10 SHO Pratap Singh alongwith PW -1 Constable Nand Lal, PW -3 Puran Chand, PW -6 HC Leeladhar, HC Prakash Chand, HC Ram Singh and HHC Prittam Lal were present at Dadour near Saini Petrol Pump. A bus bearing registration No. HR -68 -4369 came from Manali was signaled to stop. As soon as the bus stopped, the accused opened the door of bus and ran towards the fields with black coloured bag (Ex. P -2). On chase by the police, the accused disclosed his name to be Chunni Lal. The accused was told by the police that they suspected the possession of Narcotics in the bag being carried by him and he could give his search to the Magistrate or Gazetted officer or the police. The accused opted to be searched by the police Officials. Police gave their personal search to the accused, no contraband was found in their possession. On search of the bag, it was found to be containing blue coloured pant Ex. P -7, one white shirt Ex. P -6, one muffler Ex. P -4, one shawl Ex. P -5 and carton wrapped with cello tape. Carton was opened and it was found to be containing stick like pancake like black coloured substance Ex. P -8 wrapped in polythene, it was burnt and smelled and it was found to be cannabis. One packet wrapped with cello tape Ex. P -9 was recovered, which was found to be opium. Memo Ex. PW -1/C was prepared. On weighing, weight of cannabis was found to be 5 kg. and weight of opium was found to be 250 grams. All the articles aforesaid were again put in the bag and the bag was wrapped in a piece of cloth. Parcel Ex. P -1 was prepared and sealed with ten impressions of seal H. Sample seal was taken on separate piece of cloth and one such impression is Ex. PW -1/D. Form NCB -1 in triplicate was filled in. Seal impression was taken on NCB -1 form. Parcel was seized vide seizure memo comprised in Ex. PW -1/E. Rukka Ex. PW -10/B was prepared and through Constable Puran Chand the same was handed over to ASI Braham Dass in the police station. ASI Braham Dass made an endorsement on the Rukka and sent the case file to the spot through same constable. Investigation was conducted by PW -10 SI Partap Singh. Site plan comprised in Ex. PW -10/C was prepared. Photographs Ex. PW -10/D -1 to Ex. PW -10/D -5, negative whereof are Ex. PW -10/D -6 to Ex. PW -10/D -10 were taken. The statements of the witnesses were recorded. Accused was arrested and memo of arrest is comprised in Ex. PW -1/F. Memo regarding personal search of the accused Ex. PW -1/G was prepared. Ticekts (Ex. PW10/H -1 to Ex. PW/10 -H -3) were recovered. Case property was handed over to HC Leeladhar. PW -6 HC Leeladhar deposited the parcel, NCB -1 form, sample seal in the Malkhana and made an entry in the register of Malkhana at Serial No. 1112, copy of which is Ex. PW -6/A. He thereafter handed over all the articles to C Vijay Kumar with the directions to carry these to FSL Junga vide RC No. 48/10, copy of which is Ex. PW -6/B. PW -13 deposited all the articles at FSL and handed over the receipt to MHC on his return. Special report, copy of which is Ex. PW -8/A was handed over to Dy. S.P. Narender Kumar on 24.2.2010. After making an endorsement by Dy. S.P. the same was handed over to his Reader. The reader made an entry in the register of special report at Sr. No. 50 and filed it in the record. Dy. S.P. Narender Kumar executed an affidavit comprised in Ex. PW -8/B regarding the receipt of special report. Result of analysis is comprised in Ex. PW -10/I showing therein that the sample was of charas which was containing 34.63% w/w resin in it and of opium which was containing 3.04% morphine in it. 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 filed in the Court.

(3.) IN order to prove its case, the prosecution examined 13 witnesses. On closure of prosecution evidence, the statement of the accused, under Section 313 of the Code of Criminal Procedure, was recorded in which he pleaded innocence and claimed false implication. He chose to lead evidence in defence and examined one witness in defence.