ARUN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant Arun Kumar herein is a convict. He has been convicted by learned Special Judge Mandi, District Mandi under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'NDPS Act' in short) vide judgment dated 17.04.2015 passed in Sessions Trial No. 51/2010 and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay Rs. 1,00,000/- as fine.

(2.) On 26.04.2010, a Police party comprising lady PSI Reeta Devi, PW-9 ASI Mohan Lal (II), PW-1 Head Constable Kamal Kant, HHC Prakash Chand and Constable Puran Chand of Police Station, Balh District Mandi left towards village Nagchala side at about 3.00 p.m. for laying 'nakka' and conducting traffic checking. Rapat Ext. PW-5/A in this regard was entered in daily diary. They laid 'nakka' at Nagchala and started traffic checking there. Around 4.15 p.m. HRTC bus bearing registration No. HP65-1768 enroute Manali to Delhi reached at the place of 'nakka'. The bus was got stopped at the place of 'nakka'. The police party started checking the bus. The convict allegedly occupying seat No. 36 was found to be holding a black, red and grey coloured rucksack (bag) on his legs. On seeing the police party, he became nervous and behaved in a suspicious manner. Looking such behaviour of the convict, the I.O PW-9 suspected some incriminating substance in his possession. Therefore, his antecedents were inquired into in the presence of Shri Hari Singh, driver of the bus and PW-6 Bakshi Ram its conductor. Thereafter, the police personnel offered their search first, however, nothing incriminating was recovered from their possession. Memo Ext. PW-6/C was prepared in this regard. It is thereafter the rucksack, the convict was holding on his legs was searched and one polythene packet wrapped in a white colour cloth was recovered therefrom. On opening the said packet, charas in the shape of sticks was recovered in presence of S/Shri Hari Singh and Bakshi Ram aforesaid. The recovered charas was weighed and found one kilogram. PW-9 resorted to the sampling and sealing process and sealed the recovered charas in a parcel with 15 impressions of seal 'D'. The sample of seal Ext. PW-9/A was drawn separately. The recovered charas was taken in possession vide seizure memo Ext. PW-6/A. The NCB-I forms Ext. PW-7/E were filled in on the spot in triplicate. The facsimile of seal 'D' was also put on these forms. It is thereafter rukka Ext. PW- 7/A was prepared and sent to the Police Station through HC Kamal Kant, PW-1. On the basis of rukka FIR Ext. PW- 7/B came to be recorded by PW-7 Surinder Pal, the then Station House Officer, Police Station, Balh. PW-7 had also made endorsement Ext. PW-7/C over the rukka. The case file was taken to the I.O on the spot by PW-1. The I.O. PW-9 had prepared the spot map Ext. PW-8/B. The ticket of bus Ext. PA was recovered from the convict and taken into possession vide memo Ext. PW-6/C. The grounds of arrest were disclosed to the convict vide memo Ext. PW-6/D and he was arrested. The personal search of the convict was also conducted vide memo Ext. PW-6/B.

(3.) On the completion of investigation at the spot, the convict along with case property was brought to Police Station, Balh. The IO PW-9 has produced the case property along with sample of seal, NCB forms and seizure memo etc., before PW-7 the Station House Officer. Rapat Ext. PW-5/B was entered in this regard in daily diary. PW-7, the Station House Officer has re-sealed the parcels containing the recovered charas with seal 'A'. He has also drawn the sample of seal, which is Ext. PW-7/D. It is thereafter the case property along with sample of seals, NCB forms and seizure memo was handed over to PW-4 Head Constable Prabhakar, the then additional MHC, Police Station, Balh for safe custody in the Malkhana. Rapat Ext. PW-5/C in this regard was also entered in daily diary. A memo Ext. PW- 4/A to this effect was also prepared. PW-4 has received the case property and entered the same at Serial No. 116 of the Malkhana register. The extract whereof is Ext. PW-4/B. On 29.04.2010, the parcel containing the case property was sent to State Forensic Science Laboratory, Junga for analysis vide RC No. 100/10, Ext. PW-2/A through PW-2 Constable Vijay Kumar. The special report Ext. PW-8/A was prepared and forwarded to D.S.P. Mandi, the Supervisory Officer. The entry qua receipt of the special report in the office of D.S.P. Mandi in the relevant register is at Serial No. 90, Ext. PW-8/B. The detail of other articles forwarded to the Laboratory along with the parcel containing charas find mention on the reverse of RC Ext. PW-2/A. The case property forwarded to the laboratory vide RC Ext. PW-2/A was received there duly sealed with seals 'D' and 'A', however, when weighed the same was found to be 928grams, whereas, the actual weight of the exhibit was found to be 972grams. The recovered charas was analyzed in the laboratory and as per report Ext. PW-3/A found to be extract of cannabis and as such the sample of charas.