MANJEET SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal has been filed against the judgement of conviction and sentence, dated 6.12.2006, passed by learned Special Judge, Fast Track Court, Chamba, in Sessions Trial No. 67/04/04, convicting the appellant-accused, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) and sentencing him to undergo rigorous imprisonment for 5 1/2 years and fine of Rs.55000/-, in default of payment of fine, further rigorous imprisonment for one year.

(2.) THE prosecution case in brief is that on 2.2.2004 at 11.30 p.m., police party comprising of ASI Abhey Singh, HC Dev Raj, Whether the reporters of the local papers may be allowed to see the Judgment? Constables Pawan Kumar, Ram Dayal and Sunil Kumar was on Nakka duty at Ballu Pul Chowk, Chamba due to frequent thefts in that area. Raj Kumar and Joginder Singh were returning to their shops after taking dinner, ASI Abhey Singh was talking with Raj Kumar and Joginder Singh. In the meantime, a person carrying polythene envelop/packet in his right hand came from Ballu Pul side. On noticing police party, said person became nervous, turned back and started running. On suspicion, police officials chased and over powered him. The man disclosed his name Manjeet Singh. The polythene packet was opened and checked. A cream coloured shirt in which another envelop was wrapped was found in it. This packet/ envelop was also opened and checked and from it charas in the shape of sticks was recovered. ASI Abhey Singh deputed constable Ram Dayal to arrange weights and scale. On weighment, the recovered stuff was found to be 550 grams of charas. Out of the recovered stuff, two samples of 25 grams each were separated. The samples were put into two empty cases, which were wrapped and sealed by seal impression-A. The remaining bulk charas weighing 500 grams was put in a parcel and was also sealed with seal impression-A. The specimen seal impression of the seal used was retained on a piece of cloth Ex.PE and seal after its use was handed over to Joginder Singh. The charas recovered from appellant was taken into possession vide memo Ex. PB in the presence of witnesses. NCB forms were filled on the spot by ASI Abhey Singh in triplicate. A rukka Ex. PA was sent by ASI Abhey Singh through constable Pawan Kumar to the S.H.O., Chamba and on the basis of rukka, FIR No. 28/04 Ex. PW 11/A was registered. A copy Ex. PW 10/A of rukka was dispatched by ASI Abhey Singh through constable Sunil Kumar to the office of Superintendent of Police, Chamba, for information.

(3.) HC Dev Raj on his return to Police Station produced the case property and the accused before Inspector Khub Ram, the then SHO, Police Station, Sadar Chamba. The parcels of charas were resealed by Inspector Khub Ram, which were deposited with MHC. One part of the sample alongwith relevant documents was sent by the police to the Composite Testing Laboratory (CTL), Kandaghat for analysis. The report of the Chemical Examiner was obtained. After completion of investigation, challan was put up in the court and the appellant was charged, under Section 20 of the Act. The prosecution examined 17 witnesses. The statement of the appellant was recorded, under Section 313, Cr.P.C. He denied his implication in the case. In defence, he examined one witness. The learned Special Judge, Fast Track Court convicted and sentenced the appellant as noticed above, hence this appeal.