SANDEEP KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal is directed against the judgment rendered on 20.5.2017, by the learned Special Judge, Kullu, District Kullu, H.P., upon, Sessions Trial No. 34 of 2011 (70 of 2016), whereby the appellant stands convicted AND is consequently sentenced to undergo rigorous imprisonment, for four years AND to pay a fine of Rs. 40,000/-, for commission of an offence punishable under Section 20 of the Narcotic Drugs and 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 one year.

(2.) Brief facts of the case are that on 13.6.2011,HC Chaman Lal along with HC Chet Ram Inspector Chandra Thakur, C. Sanjeet Kumar, ASI Kamal Kant, HC Om Prakash and C. Krishan Dev had proceeded from Police Station, Bhunter, in connection with patrolling and traffic checking in Govt. Vehicle No. HP-07- 0321 and HP 34-A 9984 towards Hathithan and thereafter they went towards Siun. At about 3:30 PM, a private bus bearing registration No. HP-66-4655 was noticed coming from Manikaran side, which was stopped for checking. PW-7 Kamal Kant, HHC Chet Ram and Lady Inspector Chandra entered the bus from front door and started checking. The accused was found sitting on seat No. 3 of the bus. Accused was having a bag Ext. P-2 in his lap. On checking the same, black colour substance was found in it, which was found wrapped in polythene packet. On opening the same, black colour substance in rectangular shape was found, which on the basis of experience was found to be charas. The bus driver PW-5 was associated as witness. Accused was got alighted from the bus and proceedings were conducted by sitting on the parapet. The recovered charas was weighed and found to be 520 gms. Thereafter the recovered charas was repacked with seal in a cloth parcel. The parcel was sealed with seal "H". Sample seal of "H" Ext. PW5/A was drawn separately. NCB form in triplicate were filled, one of which is Ext. PW1/D. Seal after use, was handed over to Kamal Kant. The case property was, thereafter taken into possession vide seizure memo Ext. PW5/B which was signed by the witnesses and the accused. Proceedings on the spot were photographed and photographs are Ext. PW7/A-1 to PW7/A-3. The IO prepared the ruqua, which was sent to P.S. Bhunter, through HHC Chet Ram for the registration of the case, on the basis of which FIR Ext. PW1/B was registered by PW-1 who after the registration of the FIR, made endorsement, on the ruqua and handed over the case file to HHC Chet Ram to be taken to the spot. Thereafter, the I.O. prepared site plan Ext. PW7/B and recorded the statements of witnesses correctly as per versions given by them. The accused was apprised about the grounds of his arrest vide memo Ext. PW7/B and information qua his arrest was given to his wife. Accused was arrested vide memo Ext. PW5/C.

(3.) The accused was charged for committing an offence punishable under Section 20 of the ND and PS Act. In proof of the prosecution case, the prosecution examined seven witnesses. On conclusion of recording of prosecution evidence, the statement of the accused under Section 313 Cr.P.C. was recorded by the trial Court, wherein he made disclosures qua his false implication. However, he did not lead any defence evidence.