RISHI PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeals are instituted against Judgment dated 28.4.2012 rendered by learned Special Judge (Additional Sessions Judge), Sirmaur at Nahan, HP in Sessions Trial No. 4 -N/7 of 2011, whereby Rishi Pal (appellant in Cr. Appeal No. 179/2012 and respondent in Cr. Appeal No. 378/2012) (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for commission of offence under Sec. 15 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 four years, and to pay a fine of Rs.50,000/ -, and in default of payment of fine, to further undergo rigorous imprisonment, for one year, for being in conscious possession of 7.5 kg of Poppy husk. Accused has preferred Cr. Appeal No. 179/2012 against his conviction as mentioned above. State has preferred Cr. Appeal No. 378/2012 seeking conviction of the accused for being in conscious possession of 200 kg poppy husk.

(2.) Since both the appeals arise from one judgment and common questions of law and facts are involved in the same, these were taken up together for hearing and are being disposed of vide this common judgment.

(3.) Prosecution case, in a nutshell, is that on 6.3.2011, Bhisham Singh Thakur, Inspector/SHO Police Station, Paonta Sahib alongwith SI Dharam Pal and other police officials at about 4.30 PM was present near Bata Pul in Government vehicle bearing No. HP -17B -1222 in connection with routine patrol and traffic checking. A secret information was received that the accused in his residential house and rented shop/store at village Patlion, had kept poppy husk in his possession for sale to the people. The information was reduced into writing as per terms of Sec. 42 (2) of the Act and was sent to the Superintendent of Police, Sirmaur at Nahan through HHC Maan Singh. Independent witnesses namely Pritpal Singh and Parmeshwar Dass were associated and rushed to the house of the accused and one party consisting of PSI Naresh Kumar was deputed to take guard of rented store, which was at a distance from the house of accused. Accused was present in his residential house and the search was carried out after his written consent and from the prayer room (Pooja room), on the left side of Godrej Almirah one plastic bag containing poppy husk in grinded shape was recovered. It weighed 2.200 kg. Second bag on which 'special chakki atta' was printed, was found containing 5.300 kg poppy straw/husk. Both the bags were sealed with seal 'X' on the spot and NCB form in triplicate was filled in and taken into possession vide seizure memo prepared on the spot. During the search of the house of accused, in Godrej Almirah, two bags of cloth were found and in one bag, Rs.1,31,750/ - and in the second bag, Rs.1,60,000/ - total Rs.2,91,750/ - were recovered. Accused could not account for and it was presumed that said money was illegally acquired by selling of poppy husk. Same was sealed in a parcel and sealed with 'X' impression. Thereafter, police party rushed to the rented store of accused alongwith witnesses and accused was asked to produce the key but he could not produce it and lock of the store was broken and on search of the store, 10 bags i.e. 5 yellow and 5 white in colour on which 'Petpre Form Shree' was printed were found and on checking poppy husk was found in the same. It weighed 200 kg. Two samples of 1 kg each from all the bags were taken separately and 20 samples and 10 bags were sealed with seal impression 'X' and taken into possession vide seizure memo prepared on the spot. NCB form in triplicate was also filled up. Accused could not produce licence for the possession of poppy husk weighing 207.5 kg and thereafter written report for registration of case was sent to Police Station Paonta Sahib, on the basis of which case was registered. Case property was deposited with MHC Police Station Paonta Sahib. Investigation was completed. Challan was put in the Court after completing all the codal formalities.