NIRMAL SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellants have assailed their conviction and sentence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 ( for short 'Act') and Section 417 read with Section 34 IPC recorded by learned Special Judge, Mandi on 12.7.2006 in Sessions Trial No.22/03. Both the appellants have been sentenced rigorous imprisonment for 8 years with fine of Rs.80,000/- each for the offence under Section 20 of the Act, in case of default in the payment of fine, appellants shall further undergo imprisonment for one year, rigorous imprisonment for one year with fine of Rs.1000/- for offence under Section 417 IPC, in case of default in the payment of fine, the appellants shall further undergo imprisonment for one month. Both the sentences shall run concurrently with the benefit of Section 428 Cr.P.C.

(2.) THE facts in brief are that PW-11 ASI Madan Lal, HC Ram Lal, PW-3 constable Sarwan Kumar, PW-1 constable Bodh Raj and PW-4 constable Inder Singh, driver Durga Dass were on patrolling duty and they put up Naka at Khotinala on 28.12.2002. Two persons from Kullu side came on a scooter having number plate PB-32-8219 on rear side of the scooter at about 3.30 p.m. and the scooter was stopped by the police. In the meantime a motorcycle came from Pandoh side with two persons PW-9 Daulat Ram and Yadwinder. The documents of motorcycle were checked, the documents of scooter were also checked and on enquiry the person who was driving the scooter disclosed his name Nirmal Singh and the pillion rider on scooter Chhinder Pal, but both could not produce documents of the scooter, they only produced pollution certificate along with photocopy of daily diary report of Police Station, Nawansehar about the missing of registration certification.

(3.) THE PW-11 after completion of the investigation took the case property i.e. two samples, bulk charas, stepney, seizure memo, specimen seal and deposited them with PW-2 Kushal Kumar. PW-11 Madan Lal at that time was officiating as SHO at Police Station Aut. PW-2 Kushal Kumar made entry in the Malkhana Register for having received the case property and documents from PW-11 Madan Lal. On 30.12.2002 PW-2 Kushal Kumar sent one parcel of sample, NCB form, search and seizure memo etc. through PW-3 Sarwan Kumar constable vide RC No.98/2002 to CTL Kandaghat who deposited the same there. PW-3 Sarwan Kumar took the receipt of having deposited the same at CTL Kandaghat and handed over the same to PW-2 Kushal Kumar.