CHAMAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THE accused has filed this appeal against the judgment dated 16.8.2007/21.8.2007 passed by learned Special Judge, Bilaspur in Sessions Trial No. 6 of 2006 convicting the accused under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ˜the Act) and sentenced him to undergo rigorous imprisonment for eight years under Section 20 of the Act and to pay fine of Rs. 1,00,000/ - in default of payment of fine to suffer further simple imprisonment for two years.

(2.) THE prosecution case in brief is that on the intervening right 12/13.5.2006, PW -11 SI Mool Raj alongwith PW10 HHC Dhani Ram and PW1 HHC Nasib Khan was on general patrol/nakka duty. At about 12.15 a.m. (13.5.2006) when they had laid a nakka on National Highway 21 near the gate of Police Station, Sadar Bilaspur, bus bearing registration No. HP -42 -0378 belonging to Himachal Road Transport Corporation (HRTC), Keylong depot was signalled to stop and thereupon the bus stopped. The bus was checked by the nakka party. At the time of checking PW11 SI Mool Raj noticed that a passenger who was sitting on seat No. 14 on seeing the nakka party tried to push his bag under the seat, which he had kept between his legs. This accused suspicion and on inquiry by PW11, the said passenger disclosed his name in presence of PW4 SukhDev driver and PW5 Khem Singh conductor of the bus. PW11 further told said passenger that the police had suspicion that he was in possession of some contraband and that whether he wanted to be searched before a Magistrate or a Gazette Officer. On this the said passenger gave his consent to be searched by the police. Thereupon, the bag of the accused was searched and from the bag 15 chapati shapped charas was recovered. On weightment, the charas was found 1.100 kgs. From each chapatti of charas some bits were taken out and in this way two samples each weighing 25 grams were separated and put in polythene envelops and sealed in cloth parcel with seal -T. The remaining bulk charas i.e. 1.050 kgs. was put in the same envelop and wrapped. From the pocket of the bag identity card of the accused and a small diary were also recovered. The bulk charas, identity card and small diary were sealed in cloth parcel with seal -T. NCB forms in triplicate were filled in and the seal impressions were taken on the cloth. The seal was handed over to PW -2 Sukh Dev. The case property was taken in presence of witnesses. A rukka Ex.PW -1/A was sent to Police Station, Sadar through PW1 HHC Nasib Khan. The site plan was prepared. The case property was deposited with the MHC of the Police Station. On the basis of rukka FIR Ex.PW1/B was registered. The statements of witnesses were recorded under Section 161 Cr.P.C. The special report Ex.PW2/A was sent. The report of C.T.L., Kandaghat was obtained and vide report Ex.PW12/D, the sample was found to be charas. On completion of the investigation, challan was presented in the court. The accused was charged under Section 20 of the Act. The prosecution has examined 12 witnesses. The statement of accused was recorded under Section 313 Cr.P.C. He pleaded his innocence. The accused examined DW -1 HC Suresh Kumar in defence. After conclusion of the trial, the learned Special Judge convicted and sentenced the accused, as noticed above, hence appeal by the accused.

(3.) AT this stage, it is necessary to refer to evidence, which has come on record. PW1 HHC Nasib Khan has stated that he was the member of Nakka party on National Highway No. 21 near the gate of Police Station Sadar, Bilaspur. At about 1.00 a.m., HRTC bus bearing No. HP -42 -0378 came from Manali side. SI Mool Raj and Inspector Manoj Kumar checked the bags kept by the passengers. Chaman Lal accused was occupying seat No. 14, his consent was obtained for checking the bag. The bag which was kept in between the feet of accused was checked. On checking the bag, it was found to contain charas which on weightment was found to be 1.100 kgs. in the shape of chapaties. Sampling and sealing was done and NCB forms were filled in. Rukka Ex.PW1/A was handed over to him for registration of the case at Police Station, Sadar. After registration of FIR Ex.PW1/B, he handed over the file to Investigating Officer for further investigation. He was cross -examined at length by the defence but in his cross examination nothing favourable to the defence was extracted.