KHEKH RAM Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal is directed against the judgment rendered on 1.8.2012/3.8.2012, by the learned Special Judge, Kullu, H.P., upon Sessions Trial No. 39 of 2011, whereby the appellant stands convicted AND is consequently sentenced to undergo rigorous imprisonment, for two years AND to pay a fine of Rs. 20,000 /-, for commission of an offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') and in default of payment of fine, he is sentenced to suffer simple imprisonment for two months.

(2.) Brief facts of the case are that on 10.4.2011 vide daily diary report Ext. PW4/A entered in P.S. Kullu ASI Hira Singh PW-7, alongwith SI Ashok Kumar PW-6, HC Tek Singh, Const. Povinder Thakur PW4 and lady constable Prem Dassi PW5 proceeded towards left bank road, jia etc. for patrolling and detection of crime. When the police party, at 8:00 PM, reached near place known as Talogi the accused was noticed coming from upper side of the road with a bag on his shoulder who on sighting the police tried to flee away. The I.O. with the help of accompanying police officials nabbed him. The place of occurrence was isolated and IO associated constable Povinder PW-4 and HHC Tek Singh as witnesses. In the presence of witnesses, the IO took search of the bag carried by the accused upon which words "DIESEL INDUSTRY DENIM Division" were printed. In the bag Ext. P2, a polythene envelope containing stick shaped black substance was found, out of which two sticks were wraped with red coloured polythene paper and remaining with green polythene paper. The black substance on the basis of experience was found to be charas by the I.O.. The recovered charas was found to be 600 gms. Thereafter, the I.O, put the bag Ext. P2 along with charas Ext. P4 wrapped in polythene wrapper in cloth parcel Ext. P1 and sealed the same with seal 'A" at ten places. The I.O filled NCB forms Ext. PW4/C and drew sample of seals 'A' on cloth pieces one of which is Ext. PW4/B. The seal after use was handed over to Const. Povinder. The case property was seized vide memo Ext. PW4/C. Ruqua Ext. PW5/A was prepared and sent to P.S. Kullu for registration of case through PW-5 LC Prem Dassi on the basis of which PW-8 Sher Singh registered FIR Ext. PW5/B, made endorsement Ext. PW5/C on the ruqua, prepared case file and handed over the same to the I.O.. Spot map Ext. PW6/A was prepared by the I.O. and statements of witnesses were recorded under Section 161 Cr. P.C. On reaching P.S. Kullu, the I.O. vide daily diary entry Ext. PW6/C produced the case property before PW-8 SI Sher Singh SHO for re-sealing. The SHO re-sealed parcel Ext. P-1 with five seals bearing impression "11/12". On 11.4.2011, IO prepared special report Ext. PW3/A and submitted before Addl. S.P. who made endorsement Ext. PW3/C on the special report and handed over the same to PW-3 HC Harbans Kumar who entered the same in the relevant register, the abstract of which is Ext. PW3/B. PW-1 MHC Ram Kishan entered the case property at Serial No. 26 of Malkahana Register and on 12.4.2011, after filling column No. 12 of the NCB form, handed over the same alongwith NCB forms in triplicate. PW-2 Rajneesh Kumar after depositing the case property at FSL Junga handed over the RC containing receipt of FSL Ext. PW1/D with PW-1 MHC Ram Kishan. On receipt of FSL report Ext. PA, it was found that the contraband recovered from the accused was found to be the extract of cannabis and sample of charas and final report under Section 173 Cr. P.C. was prepared and presented in the Court with the prayer to take cognizance of the case to try the accused for the commission of the offence aforesaid.

(3.) Accused was charged for committing an offence punishable under Section 20 of the ND & PS Act.