PREM LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against Judgment dated 28.9.2015 rendered by the learned Special Judge -I, Kullu, District Kullu, Himachal Pradesh in Sessions Trial No. 53/2014.

(2.) Case of the prosecution, in a nutshell, is that on

(3.) 1.2014, pursuant to the departure report Ext. PW -1/A, recorded by HHC Narender Pal (PW -1), HC Vijay Singh, (PW -6) was on patrolling duty towards Manali Bazaar alongwith Constable Mahesh Kumar (PW -8), HC Mohar Singh (PW -5) and Constable Sanjay Kumar. After patrolling in Manali Bazaar, the police party went to Van Bihar, Manali. While returning through footpath at about 6.30 PM, accused was noticed coming from the opposite direction with a rucksack (Pithu) Ex. P2,. Accused on seeing the police threw the said bag, turned back and started fleeing. Police party apprehended the accused. Accused disclosed his identity. Police brought the accused to the very place where the bag was lying. The place, where accused was apprehended, was an isolated place. HC Vijay Singh (PW -6) associated HC Mohar Singh (PW -5) and Constable Sanjay in the investigation and conducted search of the bag, Ext. P2 in their presence. On search, round, stick and chocolate shaped Charas Ext. P6, wrapped in plastic wrappers Ext. P7, kept in a carry bag, Ext. P3, on which 'Oswal' was inscribed, was recovered. In the said carry bag, Ext. P3, a small plastic packet, Ext. P4 containing smack Ext. P5 was also recovered. Recovered Charas and smack was weighed with the help of electronic weighing machine. Charas weighed 3 kg and smack weighed 20 grams. HC Vijay Singh (PW -6) put the packet containing smack in the same carry bag Ext. P3, which was containing Charas, Ext. P6 and thereafter, the bag was put in the same rucksack, Ext. P2 and then parceled up in a cloth parcel Ext. P1, which was sealed with nine seal impressions of 'T' and sample of seal 'T' was obtained separately, one of which is Ext. PW -2/D and handed over the seal to HC Mohar Singh. Case property was taken into possession vide recovery -cum - seizure memo Ext. PW -5/B. Rukka was sent by the IO through HC Mohar Singh, on the basis of which FIR Ext. PW -2/A was registered by SI Mathru Ram (PW -2), who on the registration of FIR made endorsement Ext. PW -2/B on the Rukka Ext. PW - 8/A. Site plan Ext. PW -8/B was prepared. Case property was produced before SI Mathru Ram, who resealed the parcel of case property Ext. P1 with six seal impressions of seal 'M'. He filled in the relevant columns of NCB I form, Ext. PW -2/D and embossed seal 'M' on it and drew sample of seal 'M' which is Ext. PW -2/C. He deposited the case property with HC Vivek Kumar (PW -3), who made necessary entries in the register No. 19 of the Malkhana. HC Vijay Singh entrusted the case property to HC Mahesh (PW -8) alongwith relevant documents vide RC Ext PW -3/C and docket Ext PW -3/B for chemical analysis at FSL Junga and he deposited the same with FSL Junga no 6.1.2014. Report of the FSL is Ext PW -6/C. .Investigation was completed and Challan was put up in the Court after completing all codal formalities. 3. Prosecution has examined as many as eight witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. His case was that of denial simpliciter. Accused was convicted and sentenced as noticed herein above. Hence, this appeal.