HARI SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THESE two appeals are directed against the same judgment of the trial Court and are, therefore, being disposed of by a common judgment. Appeal No. 185 of 1997 has been filed by the State assailing that part of the judgment of the learned Sessions Court, whereby respondent Hari Singh has been acquitted of charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, while Appeal No. 666 of 1996 has been filed by Hari Singh (respondent in Appeal No. 185 of 1997) against that part of the same judgment, whereby he has been convicted of offence under Section 44(a) (iii) read with Section 61 of the Wild Life (Protection) Act 1972 and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.15,000/ -, in default of payment of fine to undergo rigorous imprisonment for a further period of one year.

(2.) WE may first notice the prosecution version, as per evidence on record. On 13.2.1996 flying squad of Forest Department, comprising Chharing Angrup, D.F.O., Flying Squad, Sundernagar, PW -7, H.S.Dogra, D.F.O. Kullu: B.R.Negi, Range Officer, Bhunter; Amar Singh, Range Officer, Flying Squad; Hari Singh, Deputy Ranger, Flying Squad, PW -5 Vishwa Dev, Deputy Ranger, Manali and PW -1 Bhupinder Kumar, Forest Guard, approached S.H.O. Police Station, Manali, PW -11 Jagat Ram, S.I. to accompany them for intercepting vehicle as they had some secret information that a man was trying to smuggle skins of leopards and other wild animals from Manali side and that person, as per said secret information, also had some contraband like Charas -, which too was gong to be smuggled by him. S.I. Jagat Ram (PW -11) joined the above named police officials. The party went to search of the suspect, but could not catch hold of him. Late in the night the party dispensed with an understanding that the police officials would meet the Forest officials around 7.15 a.m., on the next following day, near Picadaly Hotel. Police officials stayed that night in the Forest Rest House. As per understanding, the Forest officials, proceeded towards Picadaly Hotel in the morning. They started from the Rest House in a vehicle of the Department, but deboarded it at some distance from Picadaly Hotel and proceeded on foot towards that hotel. In the meantime, S.I.Jagat Ram accompanied by ASI, Baldev Singh, HC Shambhu Ram and constable Narinder was also seen coming towards Picadaly Hotel, from police station side. When the parties of police officials and the Forest officials came close to each other, near the gate of Picadaly Hotel, gypsy No. HP -02 -0511 came from Manali Bazar side and it entered the gate of Picadaly Hotel. Hari Singh, appellant in Appeal No. 666 of 1996 hereinafter called accused, slighted from that gypsay with two bags and one seeing the police, started moving at faster pace towards the hotel building. This aroused suspicion of the police officials. They overpowered him. Zip of one of the two bags, being carried by the accused, was partly open and through that opening a part skin of leopard was visible. On search of that bag, one skin of leopard was recovered. Second bag was also searched. On the top there was a leopard skin. Under that skin there was one plastic bag which contained six polythene packets. In those packets there was ˜Charas the shape of sticks. Under that plastic bag, containing ˜Charas, there was another leopard skin, one wild cat skin and one Bansaka skin. All the five skins Exts. P -3 to P -7 were taken into possession. The ˜Charas was weighed. It was found to be 4 kgs. Two samples each weighing 50 grams, were separated. The samples and the bulk Charas were made into three separate parcels and the parcels were sealed with a seal that produced impression of English letter ˜H. NCB form was filled in. The bags Exts. P -8 and P -9 containing ˜Charas and the animal skins Exts. P -3 to P -7 were also taken into possession. Case properly was deposited with MHC PW -3 Sita Ram on the same day. He sent one of the two sample parcels, alongwith the NCB form and specimen impression of the seal, to the Chemical Examiner, who gave the opinion, vide report Ext. PW -10/A that the sample contained 33.60 per cent resin and tested positive for cystolithic hair presence, beam alkaline presence and bouquet presence and, therefore, it contained contents of ˜charas.

(3.) PROSECUTION examined three officials of the Forest Department and one official of the Police Department to bring the charge home to the accused. They were PW -1 Bhupinder Kumar, Forest Guard Manali; PW -5 Vishwa Dev, Deputy Ranger, Flying Squad, PW -7 H.S.Dogra, D.F.O. Kullu and PW -11 S.I.Jagat Ram. No independent witness had been associated by the officials of the Forest Department and Police Department at the time of search of the bags of the accused and, therefore, there is no local and independent witness in the case.