SUNDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dtd. 30/7/2024 passed by learned Special Judge-II, Solan, District Solan (learned Trial Court) vide which the appellant/accused before the learned Trial Court was convicted and sentenced as under: - <IMG>JUDGEMENT_31_LAWS(HPH)8_2025_1.jpg</IMG>

(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 Sec. 20 of the Narcotic Drugs & Psychotropic Substances Act (N.D & P.S). It was asserted that Inspector Ravinder Kumar (PW8), HHC Balbir Singh (PW1), and Constable Naveen Kumar (PW2) had gone towards OachhghatNauni, etc. on 4/12/2018. An entry No. 72 (Ex. P1/PW9) was recorded regarding their departure. They had set up a 'naka' near Kothi village at Solan-Oachhghat road. The accused came towards the police party at 10:40 P.M. He returned after seeing the police. The police apprehended the accused. The police suspected that the accused might be in possession of some stolen property. The police signalled the drivers of the vehicles to stop and requested them to become witnesses. However, none agreed. No independent witnesses could be associated with the vicinity because it was night. The police inquired about the name of the accused, and he revealed his name as Sunder Singh. He had a carry bag (Ex. MO2) bearing the words "Shubham footwear". The police checked the carry bag and found a transparent polythene bag (Ex. MO3) containing black sticks. The police checked the sticks and found them to be 'charas' (Ex. MO4). The police requisitioned the weighing machine and weighed the 'charas'. The weight of charas was found to be 345 grams. 'Charas' was put in the polythene bag, and the polythene bag was put in the carry bag in the same manner in which they were recovered. The carry bag was put in a cloth parcel, and the parcel was sealed with five impressions of seal 'C'. Seal impression (Ex. P1/PW1) was taken on a separate piece of cloth. NCB-I form (Ex. P3/PW6) was filled in triplicate. The seal impression was put on the form, and the seal was handed over to Balbir Singh after its use. Parcel, sample seal and NCB-I form were seized vide memo (Ex.P2/PW1). Rukka (Ex. P1/PW8) was prepared and sent to the police station, where F.I.R. (Ex. P2/PW8) was registered. HC Kuldeep Kumar (PW9) conducted the investigation. He visited the spot. SI Ravinder handed over the documents and custody of the accused to Kuldeep Kumar. He prepared the spot map (Ex.P3/PW8) and recorded the statements of the witnesses as per their version. Ravinder Kumar deposited the sealed parcel, sample seal and NCB-I form with Kanshi Ram (PW6), who made an entry at Sr. No.1171/2018 (Ex.P1/PW6) and deposited it in the malkhana. Kuldeep Kumar obtained the case property from Kanshi Ram and produced it before the learned Judicial Magistrate First Class, Solan, for certification of the inventory (Ex. P4/PW8). The Court certified the inventory, issued the certificate (Ex. P6/PW8), and passed an order (Ex.P7/PW8). The parcel was sealed with the Court seal. The sample seal (Ex.P8/PW8) was taken on a separate piece of cloth. Kuldeep Kumar deposited the parcel, sample seal, NCB-I form, Court seal, etc., with Kanshi Ram (PW6), who deposited it in the malkhana. He sent the case property with sample seals, NCB-I form and documents to the State Forensic Science Laboratory (SFSL), Junga, through HHC Manjit Singh (PW4) vide R.C.No.283/18-19 (Ex.P2/PW6). Manjit Singh deposited all the articles at SFSL, Junga and handed over the receipt to the MHC on his return. Kuldeep Kumar prepared the special report (Ex.P1/PW5) and handed it over to Additional Superintendent of Police, Shiv Kumar. Addl. Superintendent of Police, Shiv Kumar made an endorsement on the special report and handed it over to his Reader, ASI Rakesh Kumar (PW5), who made an entry in the register (Ex. P2/PW5) and retained the special report on record. The result of the analysis (Ex.P9/PW8) was issued, in which it was shown that the exhibit stated to be an extract of cannabis was a sample of 'charas'. The statements of witnesses were recorded as per their version. After the completion of the investigation, a challan was prepared and presented before the learned Trial Court.

(3.) Learned Trial Court charged the accused for the commission of an offence punishable under Sec. 20 of N.D & P.S Act, to which he pleaded not guilty and claimed to be tried.