CHAMARU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dtd. 1/3/2021 passed by learned Special Judge, Chamba, H.P. (learned Trial Court) vide which the appellant (accused before the learned Trial Court) was convicted of the commission of an offence punishable under Sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') and was sentenced to undergo rigorous imprisonment for 10 years, pay a fine of Rs.1,00,000.00 and, in default of payment of the fine, to undergo further simple imprisonment for one year. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial Court for the commission of an offence punishable under Sec. 20 of the NDPS Act. It was asserted that H.C. Ramesh Kumar (PW-13), HC Dinesh Kumar (PW-1), Constable Hem Raj (PW-2), HHG Raj Kumar, H.C. Sanjeev Kumar (PW-4), HHC Manohar Lal, LHC Upender Chona, Constable Sunil Kumar, Constable Sanjay Kumar (PW-12) and ASI Govind Pal were present at Koti Bridge on 1/2/2018 in an official vehicle bearing registration No. HP73-8754, being driven by Constable Dinesh Kumar and in a private vehicle bearing registration No. HP44-2048. They were checking the vehicles and the persons moving on the road. The accused came towards Koti Bridge at about 8:50 p.m. on foot. He got frightened after seeing the police and tried to go back. HC Ramesh Kumar (PW-13) apprehended him with the help of accompanying police officials. The accused was carrying a backpack (Ext.P-2) in his shoulders. He revealed his name as Chamaru Ram on enquiry. He could not give any satisfactory reply regarding the contents of the backpack and the place to which he was going. The place was lonely and deserted one. It was night time, and no independent witness was available; hence, Chamaru Ram's backpack was searched in the presence of police officials. The police found a carry bag bearing the words 'Mahsem' inside the backpack. The police opened the carry bag and found black charas/cannabis. The police weighed the charas/cannabis in two lots: one lot of 700 grams and the second lot of 540 grams, and found its weight to be 1kg and 240 grams. The charas/cannabis was put in the carry bag, and the carry bag was put in the backpack in the same manner in which it was recovered. The backpack was put into a cloth parcel, and the same was sealed with six seals of 'SA'. The seal impression was taken on a separate piece of cloth. NCB-1 form (Ext.PW13/A) was filled in triplicate. The seal impression was put on the NCB form. The parcel, NCB-I form and sample seal were seized vide memo (Ext.PW-1/B). Photographs (Ext.PW-8/A to Ext.PW-8/C) of the spot were taken by Constable Sanjay Kumar (PW-12). The seal was handed over to HC Dinesh Kumar (PW-1) after the use. Rukka (Ext.PW-2/A) was prepared and sent to the Police Station where F.I.R. (Ext.PW-11/A) was registered. HC Ramesh Kumar (PW-13) investigated the case. He prepared the site plan (Ext.PX) and recorded the statements of witnesses as per their version. He arrested the accused vide memo (Ext.PW-1/C). He searched the accused and prepared a memo (Ext.PW-1/D). The case property was produced before SI Krishan Kumar (PW-11), who resealed it with three seals of 'SC'. SI Kirshan Kumar obtained the seal impression (Ext.PW-5/B) on a separate piece of cloth and put the seal impression on the NCB-1 form. He handed over the seal to constable Khem Raj (PW-5) after the use. He prepared the reseal memo (Ext.PW-5/A). He handed over the case property, NCB-1 form and sample seal to HC Rajput Pardeep (PW-7), who entered it in the Malkhana register at Sl. No. 717/18 (Ext.PW-7/A) and deposited it in Malkhana. He handed over the parcel to HC Ramesh Kumar (PW-13) to get the inventory certified by the Court. HC Ramesh Kumar produced the case property and the accused before the learned Judicial Magistrate First Class, Dalhousie, District Chamba, H.P. with an application (Ext.PW-13/B) for certification of the inventory. Learned Judicial Magistrate First Class Dalhousie, District Chamba, H.P. passed an order (Ext.PW-13/C) and issued a certificate (Ext.PW-13/D). Two samples of 26 grams each of cannabis were drawn in the presence of the learned Magistrate. Each sample was put in a parcel, and the parcel was sealed with three seals of the Court. Seal impression (Ext.W-13/E) was obtained on a separate piece of cloth. Photographs (Ext.PW-13-F to Ext.PW-13/K) were taken. Certificate (Ext.PW-13/L) and Annexure-1 (Ext.PW13/M) were issued by the learned Judicial Magistrate, First Class, Dalhousie, District Chamba, H.P. HC Ramesh Kumar (PW-13) deposited the parcel, samples parcels, and seal impression with HC Rajput Pardeep (PW-7), who deposited it in the Malkhana. He sent the sample parcel, NCB-I form in triplicate, inventory certificate, certificates, and order of the learned Judicial Magistrate, First Class, Dalhousie, District Chamba, H.P., copies of seizure memo and reseal memo, and specimen of Court seal to SFSL, Junga, H.P. through Constable Surinder Singh (PW-6), who deposited them at State FSL, Junga, and handed over the receipt to MHC on his return. A special report (Ext.PW-4/B) was prepared and sent to the Additional Superintendent of Police, Chamba, through LC Anoopa (PW-3). She handed over the special report to Varinder Singh (Additional Superintendent of Police, Chamba, H.P.) on 3/2/2018 at 11:25 a.m. Varinder Singh, Additional S.P. Chamba, handed over the special report to HC Sanjeev Kumar (PW-4) after making his endorsement. HC Sanjeev Kumar (PW-4) made an entry in the receipt register at Sl. No. 57 (Ext.PW-4/C) and retained it on record. The result of the analysis (Ext.PY) was issued, in which it was shown that the exhibit was an extract of cannabis and a sample of charas, which contained 27.67% w/w resin in it. Statement of witnesses were recorded as per their version, and after the completion of the investigation, the challan was prepared and presented before the Court.

(3.) The learned Trial Court charged the accused with the commission of an offence punishable under Sec. 20(b)(ii) (C) of the NDPS Act, to which the accused pleaded not guilty and claimed to be tried.