KARAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellants are aggrieved by the judgment of the specially notified Sessions Court, whereby they have been convicted and sentenced of an offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, for allegedly possessing commercial quantity of charas.

(2.) Prosecution version may be summarized thus. On 23-10-2001, a police party, headed by HC Ramesh Chand PW-10, left Police Station Ani for village Shwad at 5, 10 P. M. Around 5.45, when the police party reached a place called Chamba Nallah Ka Mor (Curve of Chamba Stream), five men were spotted sitting by the side of the road and talking to each other and one man was standing close-by along with his Motorcycle. On seeing the Police, the five persons, who were sitting and talking among themselves and with the man standing close-by stood up and took to their heels. They ran towards the Nallah. Four of them were able to escape. However, the fifth one was overpowered. This fifth one was appellant Yashwant Singh, who was carrying a bag with him in which there was Charas, which on weighment, was found to be 4 kgs. 350 grams. The sixth man, who was standing near the five sitting persons and close to whom a Motorcycle was parked, was appellant Karan Singh. He had been overpowered before he could think of fleeing. On search of the dickey of his Motorcycle Charas was recovered, which weighed 5 kgs. Two samples each from the stuff recovered from the two appellants were taken. Samples and the bulk stuff were sealed in separate parcels. Search and seizure memos, were prepared. Thereafter Ruka (Report), addressed to the SHO, was prepared for the formal registration of the case and it was sent to the Police Station through one of the members of the Police Party, namely Constable Mukesh Chand. On the basis of this report, case was formally registered against the two appellants and four other persons, who had been successful in escaping and whose names were disclosed to the Police by the appellants. Two samples, one each from the stuff recovered from the two appellants, were sent to the Chemical Examiner for analysis and his opinion. The Chemical, Examiner opined that the samples were of Charas.

(3.) Both the appellants and their four accomplices, who had been successful in running away from the spot, were sent-up for trial. On the conclusion of the trial, the two appellants were convicted of the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 1 lac each and in default of payment of fine to undergo rigorous imprisonment for a further period of one year each. Their four aqcomplices were, however, acquitted.