EIM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant was tried and convicted of the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, in short the Act; and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/ - in default of payment of fine, he was further ordered to undergo the rigorous imprisonment for a period of two years, which has been challenged by him in this appeal on law and facts.

(2.) PRECISELY , the appellant was put on trial on the allegations that on 25.4.2004, the police party headed by PW11 S.I. Prem Chand had laid a Naqa, on the road at the place known as Bhukdu. Around 1.15 p.m., the appellant while walking on the road with a resin bag of blue and red colour noticed the policy party and tried to escape but he was overpowered. The police suspected contraband in his possession. PW1 Pawan Kumar and PW Sunny, who were standing nearby, were associated as independent witnesses. S.I. Prem Chand served the notice Ex.PW1/A upon the appellant to satisfy the provisions of Section 50 of the Act. The appellant gave his consent in writing for his search to the police party. SI Prem Chand conducted the search of the resin bag of the appellant and recovered two polythene envelopes, one of blue colour and another of black colour. The said envelopes were containing Charas in the shape of balls and sticks. On weighing, it came out to be 4 kg. 700 grams. The said police officer took three samples from the recovery quantity weighing 25 grams each for chemical analysis and were sealed with seal, impression ˜A. The remaining bulk was also sealed with the same seal in the presence of witnesses aforesaid. The sample of seal was taken separately. The case property was taken into possession vide seizure memo Ex.PA. Ruqa Ex.PW11/A was sent to Police Station Chowari through constable PW3 Daulat Ram, for the registration of the case, on the basis of which formal FIR Ex.PW12/B was registered. SI Prem Chand had also filed up the NCB form Ex.PW11/B and prepared a list of inventory Ex.PW11/C in the presence of independent witnesses. PW12 ASI Mehar Singh, was deputed from police station, Chowari, he reached the spot, the Additional SI/SHO Prem Chand handed over the case property as per the inventory list alongwith the accused for further investigation. He prepared the site plan Ex.PW12/C and recorded the statement of the witnesses. Accused was arrested. The grounds of arrest were informed to him. ASI Mehar Singh resealed the case property with his own seal impression ˜M and to this effect prepared memo Ex.PW6/A. On reaching the police station, he deposited the case property in the Malkhana alongwith the NCB form to PW9 MHC Deepak Kumar, which was entered by him in the Malkhana register maintained in the Police Station. On 27.4.2004, one sample out of the three samples was sent to the Chemical Testing Laboratory, Kandaghat, alongwith NCB form vide RC 20/11 through constable Manjeet Singh. On his return, he deposited RC alongwith receipt of CTL Kandaghat with MHC Deepak Kumar. The special report Ex.PW10/B was sent within time to S.P. Chamba for information by ASI Mehar Singh. On the receipt of the report Ex.PW11/B from CTL Kandaghat, which confirmed that the sample so sent was that of Charas, presented the challan in the court for the trial of the appellant.

(3.) TO prove its case, the prosecution examined its witnesses and the appellant was also examined under Section 313 of the Criminal Procedure Code. The appellant raised the defence that it was a planted case and nothing was recovered from him. He was called upon to enter into his defence but no defence was led. The learned trial Court after appreciating the evidence on record and hearing the parties convicted and sentenced the appellant, as aforesaid.