SAURABH BHATNAGAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dtd. 31/8/2024 and order of sentence dtd. 3/9/2024, passed by learned Special Judge, (Principal Judge), Kangra at Dharamshala, District Kangra, H.P., (learned Trial Court), vide which the appellant (accused before learned Trial Court) was convicted and sentenced as under: - <FRM>JUDGEMENT_59_LAWS(HPH)5_2025_1.html</FRM>

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of an offence punishable under Ss. 21 and 29 of the ND&PS Act. It was asserted that SI/SHO Kulwant Singh (PW16), ASI Kuldeep Singh (PW14), HC Abnesh Kumar (PW12) and HC Vinod Patial (PW13) were going towards Praur in the official vehicle bearing registration No. HP39D-8983, being driven by Constable Ankush Kumar (PW18). A vehicle bearing registration No. HP-40B-6000 came from Praur at 11.20 AM. A flag rod was installed in the vehicle. The police signalled the driver of the vehicle to stop, but he sped away with the vehicle towards Arla. The police became suspicious and followed the vehicle. SI Kulwant asked HC Vikas Arora (PW6) to intercept the vehicle. HC Vikas Arora intercepted it near Sangam Palace, Arla. Manoj Chaudhary (PW2) and Rajeev Kumar (PW5) were associated as witnesses. The police checked the vehicle. The driver identified himself as Saurabh Bhatnagar, and another person identified himself as Abhishek Gupta. The police found two stick-shaped rolls wrapped with black tape, having stars, which were concealed in the cover of the driver's seat. The police also recovered three sticks, out of which two were wrapped with yellow star tape and one was wrapped with green and black star tape. These were concealed in the seat cover of the front seat. The police removed the tape and found translucent packets tied with knots. The knots were opened, and the packets were found to contain heroin. SI Kulwant Singh (PW16) called the Police Station and asked for the IO Kit and the weighing scale. Constable Malkiyat Singh (PW3) reached the spot with an IO Kit and weighing scale at 11.15 AM. The police checked the substance and confirmed it to be heroin. The heroin was weighed with a weighing scale, and its weight was found to be 50 grams. It was put in a cloth parcel and the parcel was sealed with eight impressions of the seal 'FO'. Seal impression was taken on a separate piece of cloth (Ex. P5/PW2), NCB-1 Form (Ex.P28/PW10) was filled in triplicate, and seal impression was taken on the NCB-1 Form. The seal was handed over to Manoj Chaudhary after its use. Cloth parcel, sample seal, NCB-1 Form, vehicle and the keys were seized vide memo (Ex. P6/PW2). HC Vikas Arora issued a challan (Ex 14/PW6) for installing a flag road without authority. HC Vikas Arora (PW6) took the photographs of the proceedings (Ex.P9/PW2), (Ex.15/PW6) to Ex.23/PW6). SI Kulwant Singh (PW16) prepared the rukka (Ex.P10/PW3) and sent it to the Police Station, Bhawarna, where FIR (Ex. P11/PW3) was registered. SI Kulwant Singh (PW16) conducted the investigation. He prepared the spot map (Ex.P39/PW16) and recorded the statements of witnesses as per their version. The statements were also video recorded, and the video recording was transferred to the DVD (Ex.P41/PW16). The accused were arrested vide memo (Ex.P7/P8/PW2). The information about the arrest was supplied to the father of the accused, and memos (Ex.P7/P8/PW2) were prepared. The case property was deposited with MHC Anil Walia (PW10), who deposited it in Malkhana. He handed over the cloth parcel to SI Kulwant Singh (PW16) on 16/5/2018 for inventory proceedings. SI Kulwant Singh (PW16) filed an application (Ex.P42/PW16) before the learned Additional Chief Judicial Magistrate, Palampur, who issued the inventory certificate (Ex.P43/PW16) and passed an order (Ex.P44/PW16). The parcel was sealed with additional seals of impression 'AS'. The parcel and the documents were deposited with ASI Anil Kumar on the same day. ASI Anil Kumar handed over the parcel to Constable Ashok Kumar (PW7) with a direction to carry them to FSL, Junga vide RC No. 73 of 2018. Constable Ashok Kumar deposited all the articles at FSL, Junga and handed over the receipt to MHC on his return. The result of the analysis (Ex. PX) was issued, in which it was shown that the substance was Diacetylmorphine (heroin). The special report (Ex.P12/PW4) was prepared and was handed over to Constable Vikas Mehra (PW4) with a direction to carry it to the SDPO, Palampur. Constable Vikas Mehra handed over the special report to SDPO, Palampur, Vikas Kumar Dhiman, on 17/5/2018 at 2.25 PM. SDPO Vikas Kumar Dhiman made an endorsement on the special report and handed it over to his Reader, ASI Harish Kumar (PW11), who made the entry in the concerned register (Ex.P33/PW11) and retained the report on record. The statements of remaining witnesses were recorded as per their version, and after the completion of the investigation, a challan was prepared and presented before the learned Trial Court.

(3.) Learned Trial Court charged the accused with the commission of offences punishable under Ss. 21 and 29 of the ND&PS Act, to which they pleaded not guilty and claimed to be tried.