LAWS(HPH)-2007-5-8

CHANK BAHADUR Vs. STATE OF HIMACHAL PRADESH

Decided On May 21, 2007
CHANK BAHADUR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS is an appeal filed by the appellant against the judgment of the court of Sessions Judge, Kullu dated 19-4-2006 vide which the appellant was held guilty and convicted and sentenced under section 20 of the NDPS Act, hereinafter referred to as the 'act', for rigorous imprisonment fdr a period of 5 years and a fine of Rs. 50,000/ -. In default of payment of fine, the appellant was to suffer further imprisonment for one year.

(2.) BRIEFLY stated, the facts of the case are that on 6-4-2005 P. W. 2 ASI Biri Singh was present at a place near Bhrain Bridge, along with P. W. 1 Sunder Lal Constable and deepak Kumar Constable for patrolling. They had gone in a vehicle being driven by hhc Pitamber Lal. At about 8. 15 p. m. they saw a person coming from Manikaran side who on seeing the police party, turned back and the lights of the vehicle were switched on. The said person threw a bag being carried by him in his right hand and fled away, who was intercepted by the police and brought to the spot where bag was thrown. The bag was having something in the shape of Chapatti which had come out of the bag and the said person and on enquiry, stated that the said substance was Charas. No independent witness could be Joined at that time. P. W. 2 Biri Singh Joined Sunder Lal and Deepak Kumar Constables as witnesses. On search of the bag Charas was found which on weighment was found to be 750 gms. Two samples of 25 gms. each were taken and the remaining Charas was put in the same bag after putting it in the envelope. The Charas was taken in possession vice recovery memo, which was also signed by both the witnesses. The bag was also containing 50 notes in the denomination of Rs. 500/- and one in the denomination of Rs. 10/- and two currency notes of Nepal of the denomination of Rs. 10/- each were also found. P. W. 2 ASI Biri Singh took personal search of the accused, arrested the accused and sent the Ruka Ex. P. W. 2/b to Police station for registration of the case. He prepared the site plan and on return to Police station handed over the case property along with the documents and the accused to the sho P. W. 6 Badri Singh. FIR was registered and the case property was re-sealed by P. W. 6 SHO Badri Singh and he deposited the case property with MHC Rup Singh P. W. 4 and NCB form was also filed in. It is in evidence that the special report was sent to s. P. Kullu which was received by P. W. 3 s. I. Vikas Reader to S. P. Kullu who produced the same before the Dy. S. P. Sealed sample was sent to the Chemical Examiner through P. W. 5 Lokender Pal and on receipt of the report of the Chemical Examiner, challan was present before the learned trial court, who tried the appellant under Section 20 of the Act leading to his conviction and sentence as detailed above.

(3.) I have heard Mr. Bimal Gupta, learned counsel for the appellant and Mr. Vijay thakur, learned Dy. Advocate General for the State/respondent.