PREM SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal, stands directed, by the accused/convict, against, the judgment rendered by the learned Special Judge, Chamba Division, District Chamba, H.P. in Sessions Trial 24 of 2014, whereby, he returned findings of conviction, against, the accused/convict, in, respect of charges framed under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The learned trial Court, proceeded to hence, sentenced him to undergo rigorous imprisonment, for four years, and, to pay a fine of Rs. 15, 000/-, and, in default of payment of fine, to undergo further rigorous imprisonment for a period of six months.

(2.) The facts relevant to decide the instant case are that on 24.1.2014, HC Virender Singh (PW-11) , investigating officer, SIU, Chamba along with HHC Mohammad Aslam (PW-1) , constable Sunil Kumar (PW-2) and Constable Sanjay Kumar was on Nakabandi and traffic checking duty at Kandu towards Banikhet. At about 4.05 PM, when the police party was checking the vehicles, a taxi Sumo No HP 01C-1101 came from the side of Banikhet. It was signaled to be stopped. HC Virender Singh had then checked the documents of the vehicle. At that time, the accused came walking from the side of Banikhet, wearing a shawl. He was holding a carry bag in his right hand. He on seeing the police party got scared and had tried to run back. A suspicion arose and then the accused was apprehended. On inquiry, he divulged his name as Prem Singh son of Sh. Chand Ram. Head Constable Virender Singh then conducted the search of the carry bag (Ext. P.2) which the accused was carrying in the presence of police officials and Sanjay Kumar (PW-3) . A paper envelope (Ext. P3) was found to be there in the bag. On being opened, the paper envelope was found containing in it a black coloured substance in the shape of sticks. It was indentified to be Charas (Ex. P.4) . The charas was weighed with the help of an electronic weighing scale and it was found to be 700 grams. The charas was then put back in the same paper envelope and the paper envelope was then put back in the same carry bag. The carry bag was then packed and sealed in a parcel (Ex. P.1) and sealed with five seals of impression 'V'. Sample seal was taken on piece of plain cloth (Ex. PW.1/B) . NCB-1 form (Ex. PW7/C) was filled in triplicate. The seal impression 'V' was put on the NBC-1 forms. The seal after use was handed over to Constable Sunil Kumar. The parcel containing the charas was seized vide memo Ex. PW.1/C. It's copy was given to the accused free of cost. Rukka Ex. PW.11/A was prepared and it was handed over to HHC Mohammad Aslam with the direction to carry it to Police Station, Sadar, Chamba for registration of the FIR. A carbon copy of Rukka (Ext. PW.8/A was also sent through the same Constable to Superintendent of Police, Chamba. Inspector Tilak Raj (PW7) registered the FIR (Ex. PW.7/A) , made an endorsement on Rukka and had sent the case file to the spot. The Investigation was conducted by HC Virender Singh, who prepared the site plan (Ex. PW.11/B) and recorded the statement of witnesses. The accused was arrested and arrest memo Ex. PW.2/A was prepared. The case property consisting of parcel, NCN-1 form in triplicate and sample of seal 'V' was handed over to Inspector Tilak Raj (PW7) , who was Station House Officer, Police Station, Sadar, Chamba at the relevant time for resealing the parcel. Inspector Tilak Raj had resealed the parcel with five seals of impression 'M'. specimen seal impression of seal 'M' was taken on a piece of cloth Ex. PW.6/A. The case property along with documents was handed over to MHC Neeraj Kumar (PW9) . MHC had made an entry in the register of Malkhana, copy of which is Ex.PW.9/C and had then deposited it in the Malkhana. The case property along with documents was handed over to HHC Des Raj (PW4) with the direction to carry it to State FSL, Junga vide R.C. No. 25/2014, copy of which is Ex. PW.9/D. HHC Des Raj carried all these articles to State FSL, Junga in same condition and handed over the receipt to the MHC on his return. The special report (Ex. PW.8/B) was prepared and sent through HC Ravinder Singh to Superintendent of Police, Chamba. The Superintendent of Police, Chamba had made an endorsement on the special report and had handed it over to his Reader. He had also handed over the carbon copy of Rukka to his Reader after making an endorsement on it. Constable Rajesh Kumar (PW8) had made an entry in the relevant register regarding the receipt of the carbon copy of Rukka and the special report and had filed them on record. Resulf of analysis Ex. PA was issued in which it was shown that the exhibit was an extract of cannabis and sample of charas. The statements of witnesses were recorded as per their versions and after completion of investigation challan was prepared and presented in the Court.

(3.) The accused was charged by the learned trial Court, for his committing, an offence punishable, under Section 20 of the NDPS Act. In proof of the charge, the prosecution examined 11 witnesses. On conclusion of recording of prosecution evidence, the statement of the accused, under, Section 313 of the Code of Criminal Procedure, was recorded by the learned trial Court, wherein, the accused claimed innocence and pleaded false implication in the case.