SADIQ MOHD. Vs. STATE OF HP

JUDGEMENT

(1.) The instant appeal has been instituted against Judgment dated 28.5.2013 rendered by learned Special Judge, Chamba, District Chamba, Himachal Pradesh in Sessions Trial No. 39/12, whereby the appellant -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), was convicted and sentenced to undergo rigorous imprisonment for three years, with a fine of Rs.20,000/ -, and, in default of payment of fine, to further undergo simple imprisonment for six months.

(2.) Case of the prosecution, in a nutshell, is that on 1.3.2012 at around 4 PM, SI Narotam Chand IO(PW -9) alongwith C. Latif Mohd. (PW -1), C. Kuldeep Chand (PW -4) and C. Sham Lal, proceeded to Chowari Bazaar and other nearby areas in official vehicle in connection with patrolling and traffic checking. They reached at Trimath around 6.35 pm and stayed there. At around 6.40 PM, a motor cycle No. HP57 -320 was seen coming from Lahdu side which was signalled to stop by C. Latif Mohd. Motor Cycle was being driven by Devinder (PW -2) and accused was sitting on pillion. ASI Narotam Chand IO (PW -9) asked Devinder to produce papers of motor cycle. He produced the same and these were checked. Accused was asked to disclose his name. Devinder told the police that he was coming from Jasoor and was going to Chowari. He further disclosed that while on the way from Jasoor, accused at Sadwan, asked for lift. Accused was having a maroon coloured carry bag. He was asked to get the bag checked on which he showed little reluctance and told that he had sweet box in that bag but he prevailed upon him and bag, upon which he found two boxes with words "Parvon -Spas" inscribed on them, containing 390 capsules. One box contained 200 capsules and another 190. These were taken into possession and sealed in a cloth parcel. He affixed six seal impressions of seal 'R', in the presence of Devinder. Sample impression of seal 'R' Ext. PW -1/A was taken. He filled up relevant columns of NCB form, Ext. PW -3/G. He also prepared seizure memo Ext. PW -1/B. IO prepared Rukka Ext. PW -9/A and handed over the same to C. Kuldeep Chand to hand over the same to MHC, Police Station, Chowari for registration of FIR, Ext PW -3/A. He also prepared spot map Ext PW -9/B. ASI Narotam Chand handed over Ext P1 sealed with 6 impressions of 'R' containing 390 capsules of 'Parvon -Spas', NCB form in triplicate, sample seal impression of 'R' and copy of seizure memo for resealing to ASI Bansi Lal (PW -8), who resealed the same with three impressions of 'T'. Sample impression of seal 'T' was separately taken on piece of cloth which is Ext. PW -

(3.) /E. He also filled in relevant columns of NCB form in triplicate and seal 'T' was affixed on NCB forms Ext. PW -3/G in the presence of HC Raj Pal. Reseal memo Ext. PW -3/F was prepared. Parcel after resealing alongwith seizure memo, sample seal impression and NCB forms was deposited with MHC. He made entry in the Malkhana Register vide Rapat Ext. PW -3/B. Extract of Malkhana Register is Ext. PW -3/H. Contraband was sent to FSL Junga through Sandeep Kumar (PW -7) for chemical analysis. The Assistant Chemical Examiner on analysis opined that the exhibit stated is PARVON - SPAS and is a sample of 'dextropropoxyphene Hydrochloride capsules. Investigation was completed and Challan was put up in the Court after completing all the codal formalities. 3. Prosecution has examined as many as 9 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. According to him, he was falsely implicated in the case. Accused was convicted by the learned trial Court. Hence, this appeal.