AMAR CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal has been filed against Judgment dated 23.8.2006 rendered by the learned Special Judge, Fast Track Court, Kullu, Himachal Pradesh in Sessions Trial No. 12 of 2005,whereby the appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for the commission of offence under Sections 17 and 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 six months and to pay a fine of Rs. 1,000/- for the commission of offence under Section 20(A) of the Act, and in default of payment of fine, to further undergo imprisonment for one month. He has further been convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.10,000/-, for the commission of offence under Section 17(b) of the Act, and, in default of payment of fine, to further undergo imprisonment for six months. Both the sentences were ordered to run concurrently.

(2.) Prosecution case, in a nutshell, is that on 19.7.2004, SHO Jagdish Chand was present half a kilometre from Manali from 15 Mile bridge alongwith HC Hari Singh and HHC Uttam Singh. At about 10.15 AM, a person crossed 15 Mile bridge and was on his way towards Manali. On seeing the police, he got perplexed and tried to run away. He was nabbed. Accused was apprised of his right to be searched before a Magistrate or a Gazetted Officer since the police was suspecting that he was carrying contraband on his person. Accused consented to be searched by the police present on the spot. Written consent memo was prepared in this behalf. SHO Jagdish Chand gave his personal search to the accused and no incriminating article was found in his person. Personal search of the accused was conducted in the presence of witnesses Hari Singh and Uttam Singh. Two polythene envelopes were recovered from the right pocket of the jacket of accused. On checking, it was found containing brown sugar and Charas. Recovered brown sugar was weighed. It weighed 20 grams. Two samples of brown sugar, 2 grams each were separated from the recovered brown sugar and both the samples were sealed in the parcels on the spot. remaining brown sugar was sealed separately in the parcel. Thereafter, recovered Charas was weighed. It weighed 60 grams. Two samples of Charas, 10 grams each were separated from the recovered Charas and both the samples were sealed in separate parcels. Remaining Charas was also sealed in a cloth parcel. Four seal impressions of H were affixed on each parcel. Sample seal impressions were obtained separately. NCB form in triplicate was filled in. Seal, after use, was handed over to Hari Singh. All the six sealed parcels were taken into possession by the police and recovery memo was prepared in this behalf which was signed by the accused and the witnesses. No independent witnesses could be associated since it was a secluded place. Rukka was prepared on the spot and sent to Police Station, Manali, on the basis of which FIR was registered. Jagdish Chand thereafter went to Shamshi alongwith accused. House of the accused was searched in the presence of two independent witnesses namely Sanjeev Verma and Leeladhar Thakur. Currency notes of Rs.95,280/-, one camera, head-torch, CD Player and one scale were recovered from the house of the accused. Recovery memo to this effect was prepared. Incriminating articles were deposited in the Malkhana at Police Station, Manali. MHC Mohar Singh handed over sealed sample parcels of brown sugar and Charas alongwith NCB form in triplicate, copy of FIR and seizure memo and sample seal impressions to Constable Ishwar Dass for being carried for chemical examination to chemical Laboratory Chandigarh and Kandaghat. Ishwar Dass deposited the sealed samples of brown sugar alongwith relevant documents at CFSL Chandigarh and also deposited sealed samples of Charas alongwith the relevant documents at CTL Kandaghat. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as seven witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. Accused was convicted as noticed above. Hence, this appeal.