PREM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal is directed against the judgment rendered on 17.5.2017, by the learned Special Judge, Kullu, District Kullu, H.P., upon, Sessions Trial No.18 of 2011/13/30 of 2017, whereby the appellant stands convicted AND is consequently sentenced to undergo rigorous imprisonment, for five years AND to pay a fine of Rs. 50,000 /-, 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 one year.

(2.) Brief facts of the case are that on 28.1.2011, as per Rapat, Ext. PW6/C, ASI Daya Ram (PW-6) alongwith HHC Lal Singh (PW-5) ASI Ram Swarup (PW-1) and ASI Rajeev Kumar, had gone for patrolling towards Van Bihar, Manali and were present there. At about 5:30 PM, the accused was found coming from Manali bus stand side, who on noticing the police party, threw a bag, which he was carrying and he tried to run away. He was apprehended by the Police, I.O. inquired the reasons of throwing the bag, but no reasonable explanation was given by the accused. The place was secluded, therefore, HHC Lal Singh (PW-5) was deputed to bring local witnesses, who came after some time and reported that he asked 8-10 persons to become independent witnesses, but they were not ready. Thereafter, I.O. associated PW-5 and ASI Rajeev Kumar as witnesses. The bag thrown by the accused was lifted from the spot and checked. On checking of the bag, Ext. P-2, Charas Ext. P-4 was found wrapped in polythene, Ext. P-3. The recovered charas was weighed and found to be 700 gms. It was repacked in the same manner and sealed in cloth parcel with four seals of letter "A". Sample seal Ext. PW5/B was drawn separately. IO filled NCB form, Ext. PW3/B on the spot. Thereafter, the parcel of case property was taken into possession vide seizure memo Ext. PW5/A. Thereafter, I.O. prepared rukka Ext. PW5/C and handed over the same to HHC Lal Singh (PW-5) with a direction to carry the same to P.S. Manali for the registration of the case and on receipt of the same, ASI Dharam Pal registered FIR Ext. PW6/A by putting his endorsement on the rukka and handed over the case fie to HHC Lal Singh with a direction to hand over the same to I.O. at the spot. IO prepared the spot map, Ext. PW6/B and also recorded the statements of witnesses under Section 161 Cr.P.C. as per their version. The accused apprised about the grounds of arrest vide memo, Ext. PW5/E and thereafter, arrested vide memo, Ext. PW5/D, and information qua his arrest, was given to the person, desired by him. On completion of the proceedings at the spot, accused along with case property, was brought to Police Station, Manali, and produced before SI/SHO Om Chand(PW-3), who resealed the parcel, Ext. P-1 with four seals of "H". He also filled relevant columns of NCB 1 form, Ext. PW3/B and put for facsimile of seal "H" thereon. He also drew samples of seal "H" Ext. PW3/A, and deposited the case property, i.e. parcel, Ext. P-1 containing 700 gms of charas, along with sample seals "A" and "H" form NCB1, in triplicate, and other documents with MHC of police station, who entered the same in Register No. 19 of the Malkhana at sr. No. 548, the abstract of which is Ext. PW4/A and deposited the same in Malkhana. The case property remained in his safe custody. MHC Sher Singh after filling column No. 12 of NCB form sent parcel, Ext. P-1 along with NCB forms, samples seal A and H as well as other relevant documents to FSL Junga. On 29.1.2011, Investigating Officer prepared special report, Ext. PW2/B, and submitted the same before the then Dy.S.P. Manali, who after making his endorsement on the special report, handed over the same to his Reader, HHC Sher Singh, who entered the same in the relevant register, the abstract of which is Ext. PW2/A. The report of FSL Ext. PW1/A was received and as per analysis, the contents of exhibit were opined 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.) The accused was charged for committing an offence punishable under Section 20 of the ND & 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.