CHANDER MOHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant stands convicted and sentenced to undergo rigorous imprisonment for a period of fifteen years and to pay a fine of Rs.1,00,000/- and in default to undergo imprisonment for a period of two years for the commission of offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Act') and aggrieved thereby the appellant has filed the instant appeal.

(2.) The prosecution case, in brief, is that on 3.8.2014 HC Lokinder Singh, PW-11 along with HC Anil Kumar, PW-1, C Vikram Singh, PW-7 and C. Subhash Bisht were on routine traffic checking and Nakabandi duty towards Jhajar and when they reached at Jhajar Kainchi at about 3.00 p.m., vehicle No. HP-23B-3545 (Xenon Tata Pick-up) came from the side of Nithar and was intercepted for routine checking. The appellant was present inside the vehicle being its driver and on inquiry divulged his name as Chander Mohan. HC Lokinder Singh demanded the documents of the vehicle, upon which the appellant got scared and started searching for the documents in the dashboard and below the seat. The appellant could not produce the insurance certificate of the vehicle. HC Lokinder Singh suspected that the appellant may be carrying some contraband and, therefore, sent C. Vikram Singh to search for the public witnesses, who returned after about 20 minutes, but as the place was lonely, no witness could be associated. Thereafter, HC Lokinder Singh constituted a raiding party by associating HC Anil Kumar and C. Vikram Singh. HC Lokinder Singh informed the appellant that he has a right to be searched before a Gazetted Officer or a Magistrate, but the appellant gave his option to be searched by the police party. A memo Ext.PW-1/A was prepared which was signed by HC Anil Kumar, C. Vikram Singh and the appellant. HC Lokinder Singh had offered himself to be searched by the appellant as per memo Ext.PW-1/B, but nothing incriminating was recovered from him. The personal search of the appellant was conducted, but nothing incriminating was recovered from his possession. Thereafter, the vehicle of the appellant was searched wherein three packets Ext.PX-1 to Ext. PX-3 wrapped with Khaki tape were recovered from inside the driving seat after removing the head rest. These packets were opened and found to be containing Charas Ext.P-2. The Charas was weighed and found to be containing 2 kg. 277 gms. Although, three packets containing Charas were then packed in a cloth parcel, Ext.P-1 and the packet was sealed with six seal impressions 'M'. NCB-1 form, Ext.PW-9/A was filled in triplicate and sample seal was taken on separate pieces of cloth and one such impression is Ext.PW-1/D. Seal impression was put on NCB-1 form.

(3.) The appellant was charged with the commission of offence punishable under Section 20 of the Act to which he pleaded not guilty and claimed to be tried.