OM PARKASH Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the Sessions Judge, Solan, District Solan, H.P., dated 30-3-1996, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. One Lakh in default of payment whereof he has been directed to undergo imprisonment for a period of six months.

(2.) Brief facts of the case are that on 13-2-1995, ASI Tarlochan Dutt (PW 8) of Police Station, Nalagarh was present at Nalagarh at a place known as Kalka Chowk. He was patrolling at Nalagarh at about 12.30 (noon) on the said date when he received information that the appellant is in possession of TCharas and is engaged in illicit trade thereof. Tarlochan Dutt (PW 8) immediately formed a raiding party, consisting of himself; Sham Lal. Head Constable; Ram Phal and Bhag Mal, Constables. Besides these police officials he associated Aslam and Jatinder Kumar as in dependent witnesses. On the basis of the information received, the appellant was apprehended they the said ASI when he was carrying a bag. Further case of the prosecution as revealed is that the said ASI informed the appellant that since he was suspected of being in possession of Charas', therefore, his person is to be searched for the said purpose. Accordingly, as per memo Ext. PA, he gave option to the appellant to the, effect whether he was ready to produce himself for search before the police there it self or he would prefer to allow his personal search before some Gazetted Officer or any Magistrate to which the appellant is stated to have informed the police that he wishes to allow his personal search by the-police. This option of the appellant is stated to have been witnessed by Aslam (PW 1) and Jatinder Kumar (PW 2). It is stated to have been signed by the ASI on 13-2-1995 and according to the prosecution this was also signed by the appellant. After the person of the appellant had been searched he was found to be in possession of a plastic bag of white colour where in a small polythene of pink colour was found. This bag contained in the shape of balls Charas which on weighment was found to be 2 Kgs. 100 Grams. Out of this recovered TCharas two samples of 50 Grams each for chemical examination were kept separately and both these samples were sealed in two separate packets of paper and the remaining TCharas was sealed alongwith the plastic bag together with polythene in the same bag and was also kept in a separate packet of the cloth. All the three parcels were sealed with the seal having inscription H. Sample impression of the seal was taken separately and it was handed over to Aslam, PW and were taken into possession vide memo prepared on the spot, Ext. PC. After the search and seizure of the contraband as aforesaid appellant was informed by the said ASI of his arrest together with the grounds vide Ext. PD. Ruqqa (Ext. PH) is stated to have been sent by PW 8, ASI Tarlochan Dutt on the basis whereof FIR (Ext. PJ) was recorded. Sample when sent to the C.T.L. Kandaghat, it was reported that the same was received in the laboratory on 15-2-1995 with seal intact and unbroken. While giving opinion, general observation of the Chemist was that the Ext. contained Charas. The report of the Chemical Examiner in this behalf is Ext. PK. A very salient feature of this report is that while forwarding the form NCR-I to the chemical Examiner, in Column No.8 against the heading Facsimile of the Seal; Press type is mentioned instead of the Facsimile having been put thereon.

(3.) After recording the statements of the witnesses and on receipt of the report of the Chemical Examiner, the appellant was sent to face the trial before the trial Court and after having been charged for the commission of the/aforesaid offence vide charge-sheet framed of 10-7-1995, the appellant was prosecuted and he pleaded not guilty to the charge and claimed trial.