VINOD KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) BOTH the appellants were charged with and tried for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as the "Act") for conscious and exclusive possession of "Charas", weighing 8 Kgs. and 400 grams, which was recovered from their possession and stand convicted and sentenced by the trial Court.

(2.) THE prosecution case in brief is that, on 9.10.2001 around 4.30 P.M. telephonic information was received in the Police Station, Sadar, Mandi from the Police Post at Pandoh that a Maruti car bearing registration No.HP-01-0366, which was proceeding towards Mandi, did not stop on being signalled and sped away which aroused the suspicion of the police party. Sub Inspector Om Parkash (PW-14), who at the relevant time was posted at the Police Station, Sadar, Mandi, alongwith other officials namely ASI Rajinder Kumar, HC Ghamanda Ram, HHC Udai Chand, Constable Raj Kumar (PW-13) and Jwala Ram (PW-9), associating Shri Puran Chand (PW-3) and Joginder Singh, reached National Highway-21 to organize a Naka to apprehend the culprits. The check point (Naka) was set up at Bhiuli Bridge. Around 4.30 P.M., the offending vehicle was spotted coming from Kullu side it was got stopped and checked by the police personnel. It was being driven by the appellant Vinod Kumar while Jai Chand was sitting on the front seat alongside the driver. Both the appellants were given the option of search by a Gazetted Officer or Magistrate, which was duly recorded in Ex.PD and served upon the appellants. They opted for the search being conducted by a Gazetted Officer. In the meanwhile, SHO K.D. Sharma (PW-15) also reached the spot around 6.30 P.M. A search of the van was conducted and on checking the dicky (rear portion), 16 packets of polythene were recovered which, on opening, were smelling of "charas". Weights and scale were arranged from PW-4 Jogider Singh, who is a shopkeeper at Bhiuli and it was found that the entire "charas", which was wrapped in 16 packets was 8.400 Kgs. According to this witness, out of three packets, small portion of "charas" was taken out and packed into two parcels of 50 grams each, which were sealed on the spot. The parcels were sealed with the impression "N". The residue was again resealed in a separate parcel with a seal which produced the impression "N". These three packets were taken into possession vide memo Ex.PC in which the weight of each packet was mentioned separately. After taking specimen seal impressions, the seal was handed over to PW-3 Puran chand. The Maruti Van, alongwith its documents, was taken into possession vide memo Ex.PF. First Information Report Ex.PA was recorded on the receipt of ruqua prepared by Sub Inspector Om Parkash (PW-14), Police Station, Sadar, Mandi District Mandi.

(3.) SMALL quantity of "charas", being representative sample, was taken from each of the packets and re-packed into two packets weighing 50 grams each. The samples were sealed with the impression "N" and the remaining quantity of "charas" was also sealed in 13 seals of impression "N". After use, the seal was handed over to the witness Puran Chand. The "charas", and the van used in the offence, were taken into possession by a separate memo. The FIR records that Form NCB and Form-F were filled in on the spot. The sealed "charas" samples were sent to the HPCTL, Kandaghat for chemical analysis.