BAHATAR BUDHA MAGAR Vs. STATE OF H P

JUDGEMENT

(1.) The appellant has filed the instant appeal whereby he stands convicted by the learned Special Judge-II, Kullu, H.P. on 29.11.2016 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'ND&PS Act') in Sessions Trial No. 2 of 2016 whereby he has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.1,00,000/- for the commission of offence and in default of payment of fine, the appellant was further directed to undergo simple imprisonment for one year.

(2.) The case of the prosecution is that on 29.08.2015 at about 1.00 a.m., a police party headed by PW-7 H.C. Narain Singh consisting of H.C. Suraj and constable Suresh Kumar were on patrolling duty at place Chhoj Bridge, Manikaran, when they noticed the appellant coming from Chhoj Village side towards main road. He was carrying a bag under his left armpit and on seeing the police party tried to throw away the bag in Parwati river, but PW-7 Narain Singh with the help of other police officials snatched the bag from the appellant, who was then nabbed and when searched and asked about his name, he disclosed his name Bahatar Budha Magar. On further asking the reason to throwing away the carry bag, he could not reply satisfactorily which aroused suspicion in the mind of the police party. This, in turn, resulted in search of the carry bag wherein 'Charas' was found. Since, no independent witness was available on the spot, the Investigating Officer sent HC Suraj to call local witnesses from the nearby area, who came back at about 1.35 a.m. and disclosed that no independent witness was available. Accordingly, the Investigating Officer by associating HC Suraj and constable Suresh Kumar weighed the recovered 'Charas' and found it to be 1 kg.630 grams. The recovered 'Charas' was again put in the same manner inside the bag and the carry bag was put in a cloth parcel which was sealed with six seal impressions of seal 'K' and after filling NCB-1 from, in triplicate, the parcel was taken into possession vide memo Ex.PW-1/A in the presence of the witnesses and copy of seizure memo was given to the appellant. The facsimile of seal 'K' was obtained on separate pieces of cloth and the seal was also embossed on NCB-1 form, in triplicate, and the seal after its use was handed over to PW-1 HC Suraj. Photographs Ex.PW-1/D, Ex.PW-7/B and Ex.PW7/C were also clicked on the spot.

(3.) Rukka was prepared on the spot by HC Narain Singh which was handed over to PW-1 HC Suraj to be sent to the Police Station, Kullu, for registration of case on which FIR was registered. PW7 HC Narain Singh prepared the spot map Ex.PW-7/A and recorded the statements of the witnesses. The accused was arrested and arrest memo Ex.PW-7/D was prepared. Personal search of accused was conducted by the I.O. regarding which memo Ex.PW-7/E was prepared.