BALJEET SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANTS Rajinder Sharma and Baljeet Sharma in the above mentioned case were tried together and were convicted and sentenced under section 20 of the Narcotic Drugs and Psychotropic Substances Act,1985 (hereinafter referred to as the Act) for rigorous imprisonment for a period of four years and to pay fine of rs.10,000/- by of the appellants. In default of payment of fine each one of them were to undergo simple imprisonment for one year on the allegations that on 11.10.2004 at about 1 a.m. at bus stand Sundernagar both of them were found in conscious and exclusive possession of 400 grams charas each.

(2.) THE prosecution story which emerges from the evidence led before the learned Presiding Officer, Fast Track Court, Mandi is that on 11.10.2004 at about 1 a.m. PW-8 Ashish Sharma the then S.H.O. Police Station, Sundernagar along with police officials was present for patrolling duty in a government vehicle and when they reached at bus stand Sudnerangar, they saw both the appellants sitting in the waiting room. The appellants became perplexed on seeing the police party and both of them were carrying a bundle each in their hands wrapped in a newspaper. On inquiry they could not give any satisfactory reply and PW-4 Sohan Lal present in his taxi alongwith one Bansi Ram who was also in the awaiting room were associated in the raiding party and search of the bundles in the hands of the accused was conducted. The bundles were containing charas wrapped in a newspaper and on weighment they were found to be 400 grams each. Two samples were taken out of the charas possessed by both the appellants weighing 25 grams and the samples and the remaining charas was sealed separately and were taken in possession as per procedure and a case was registered against both the appellants. The information regarding grounds of arrest was supplied by the police. A special report was also sent to Deputy Superintendent of Police, sudnernagar and on receipt of the report of the expert and on completion of the investigation challan was filed before the learned Sessions Judge who assigned the case to learned trial court. Both the appellants were tried under Section 20 of the Act and on completion of the trial they were held guilty and convicted and sentenced as detailed above.

(3.) THE submissions made by learned counsel for the appellants were that there are contradictions in the statements of official witnesses examined by the prosecution. It was submitted that there is an infirmity in the prosecution case that the constable who had taken the sample has not stated that the seal impression was separately handed over to him. It was also submitted that the Malkhana Register was not produced in court therefore the prosecution story cannot be believed that the case property was deposited in safe custody with the MHC. There is also contradiction in regard to the fact as to whether PW-8 SHO Ashish Sharma was with the police party or how he reached the spot. The main plea taken was that the provisions of section 50 of the Act which are mandatory in nature were not complied with and as such the appellants deserve to be acquitted of the charge framed against them. On appraisal of the record of the trial court, it is clear that PW-8 the then SHO Police Station, Sundernagar was present near bus stand along with four police officials named by him and driver Chura Mani and they were on patrolling duty. They reached Sudnerangar bus stand at about 1 a.m. and found the appellants sitting in the waiting room of the bus stand who had something in their hands. They became perplexed on seeing the police party and on suspicion their whereabouts were enquired into and then their search was conducted and they were carrying a bundle each in their hands wrapped in a newspaper. A person sitting in the waiting room nearby and another person from a taxi were called and associated in the investigation and on search packet lying in the hands of both the appellants were separately taken in possession and on weighment it was found to be charas weighing 400 grams each. Two samples of 25 grams each were taken from both the packets and these were sealed separately and sample seal was also taken and seal after use was handed over to PW Sohan Lal and these were taken in possession vide recovery memo which was signed by the witnesses. The grounds of arrest were supplied to the police. The I.O. prepared spot map, recovery memo, recorded the statements of witnesses, filled the NCB forms and handed over the case property to MHC Swaran Singh at Police Station who was holding the charge of MHC in the absence of HC Kundal Lal. PW-8 SHO prepared special report and sent it to Dy. Superintendent of Police through constable Parma Nand. The samples were sent to CTL Kandaghat and on receipt of the report of the CTL Ex.PW8/F the final police report was prepared and was forwarded to the court.