JAGDISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal has been instituted against Judgment/Order dated 28.7.2014 rendered by learned Special Judge, Ghumarwin, District Bilaspur, HP camp at Bilaspur in Sessions Trial No. 13/3 of 2013, whereby appellant -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sec. 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been convicted and sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 10,000/ -, and, in default of payment of fine, to further undergo simple imprisonment, for two months.

(2.) Case of the prosecution, in a nutshell, is that ASI Amar Nath (PW -12), alongwith HC Ranjeet Singh (PW -10), HC Kartar Singh (PW -9) and C. Kamal Kishore was present at Barmana Chowk for streamlining the traffic and for checking of the vehicles on 25.8.2012 at about 9.00 AM. At about 11.00 AM, a Nano car bearing registration No. HP -33A -Temp.9295 came from Slapper side. ASI Amar Nath signalled the car to stop. ASI Amar Nath asked the driver to show the documents. As the driver got frightened, police got suspicious. Accused disclosed his name. Accused was apprised by the ASI Amar Nath that they wanted to search the vehicle as they suspected that there was some contraband in the vehicle. Accused was apprised that he could give his personal search to a Magistrate or a Gazetted Officer. Accused gave his consent to be searched by the police officials. Consent memo Ext PW -1/A was prepared to this effect. Witnesses Prem Lal (PW -1) and Daleep Singh (PW -2) were associated in the investigation by ASI Amar Nath. ASI Amar Nath and others gave their personal search to the accused in the presence of Prem Lal and Daleep Singh. Memo Ext. PW -1/B was prepared in this regard. Vehicle was searched in the presence of witnesses and a carry bag Ext P2, red, blue and yellow in colour was recovered from beneath the driver's seat. It was checked and found to be containing a transparent polythene bag Ext. P3, which was having stick, round and pan cake shaped black substance. It was found to be Charas. It weighed 988 grams. It was put back in the same polythene bag and thereafter put in the carry bag from which it was recovered. Carry bag was sealed in a parcel of cloth Ext. P1. Bag was signed by witnesses Daleep Singh and Prem Lal and also by accused. NCB form in triplicate was filled in. Sample seal was taken on a separate piece of cloth, one of which is Ext. PW -9/B. Seal impression was also put on NCB form and seal was handed over to witness Daleep Singh after use. Seizure memo Ext. PW -1/C was prepared, which was signed by witnesses Daleep Singh, Prem Lal, HC Kartar Singh and by accused. Rukka Ext PW -6/A was drawn and handed over to HC Ranjeet Singh with the direction to carry it to the Police Station Barmana for registration of FIR. HC Ranjeet Singh had handed over the rukka to PW -6 SI Govind Ram. Case property was deposited with HC Roshan Lal. He entered the same in Malkhana Register at Sr. No. 1189. He handed over the case property to HC Thakur Dass (PW -13) on 27.8.2012 for carrying the same to the SFSL Junga vide rc No. 80/12. He deposited the same in safe condition with the SFSL Junga and handed over receipt to the MHC. Special report was prepared and sent to the ASP Bilaspur. Report of chemical analysis is Ext. PA. According to Ext. PA, sample of Charas contained 25.71% W/W resin in it. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as 13 witnesses to prove its case against the accused. Accused was also examined under Sec. 313 CrPC. He pleaded innocence. Learned trial Court convicted the accused. Hence, this appeal.