CHARAN SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal stands directed, against, the impugned judgment, of, 8.3.2017 rendered by the learned Special Judge Chamba Division Chamba (HP) , in, Sessions Trial No. 19 of 2014, whereby, the learned trial Court convicted, the, appellant (hereinafter referred to as "accused") for his committing an offence punishable under Section 20(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act") , and, imposed consequent sentence(s) upon him.

(2.) Brief facts of the case are that ASI Madan Lal (PW-10) , HC Bhagwan Singh (PW-7) , HHC Prittam Chand (PW-2) and Constable Subhash Chand (PW-8) were on patrolling duty towards Bus Stand, Banikhet, at about 5.25 AM on 11.2014. In the meanwhile, in the rain shelter at the bus stand, accused was seen holding one carry bag in his left hand. On seeking the police party, he tried to run on Chamba road. A suspicion arose, when ASI Madan Lal had signaled the accused to stop, but he kept on running ahead. ASI Madan Lal had then with the help of the other police officials chased him at a distance of 20-30 meters. The accused had thrown the carry bag towards the drain which he was carrying in his left hand. At that time, Ram Chand (PW-1) and Jiwan Singh (PW-12) a hawker also came on the spot. They were associated by ASI Madan Lal and in their presence, the carry bag which the accused was carrying and had thrown was checked. The carry bag was checked and it was found to be containing a Dupatta red in colour Inside the Dupatta was present a polythene Packet containing black coloured substance in the shape of sticks. On the basis of experience and smell, it was found to be (Cannabis) Ex.P-3. The accused, with the carry bag, in the presence of both the witneses was then brought to the rain shelter and on inquiry he had divulged his name to be charan Singh son of Karam Singh. On being weighed, the charas was found to be 850 grams. The recovered charas was put back in the same polythene packet and then in the dupatta and carry bag and then sealed in a cloth parcel with five seal of impressions of seal R. It was signed by Ram Singh and Jiwan Singh and also by the accused. NCB -1 form Ex.PW-5/C was filled in triplicate. Sample seal (Ex.PW-1/B) was taken on a separate piece of cloth. Seal impression were also put on the NCB-1 forms. The charas was taken into possession vide seizure memo Ex.PW-1/A. The seal after use was handed over to Jiwan Singh. The proceedings were also videographed and photographed. Photographs Ex.PW-7/C-1 to Ex.PW-7/C-5 and C.D Ex.PW-7/D were obtained. RukkaEx.PW-10/A was prepared and it was sent to police station, Dalhousie through HHC Prittam Singh. Copy of Rukka was sent through Constable Subhash Chand to SP Chamba. HHC Prittam Singh had handed over the Rukka to Inspector Sher Singh (PW-11) , who recorded FIR Ex.PW-11/A and had sent the case file through the same constable. Investigating was conducted by ASI Madan Lal, who prepared site plan Ex.PW-10/B and recorded the statements of the witnesses as per their versions. The accused was interrogated and he was arrested. Memo of his arrest Ex.PW-7/A was prepared. The personal search of the accused was taken and memo Ex.PW-7/B was prepared. The case property was produced before Inspector Sher Singh. He resealed the parcel with three seal impression of seal V and had filled in relevant columns of the NCB forms. Seal impression Ex.PW-4/B was taken on piece of cloth on the reverse of the seal impression 'R" Ex.PW-1/B. Inspector Sher Singh had also issued resealing certificate Ex.PW-4/C. He had handed over the case property alongwith documents to MHC Deepak Kumar (PW-5) on the same day. HC Deepak Kumar deposited all the articles in sale condition in the Malkhana and had made an entity in the Malkhana rregisterat serial No. 49, copy of which is Ex. PW-5/A. He had handed over all the articles to constable Sandeep Kumar (PW-6) on 1.12014 with a direction to carry these to State FL Jung, copy of which is Ex.PW-5/B. Special report Ex.PW-9/B was also prepared, and, the same was sent to SP Chamba. Result of analysis is comprised in Ex. PX. The statements of the witnesses were recorded as per their version. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused, challan was prepared and presented before the trial Court.

(3.) The accused stood charged by the learned trial Court for his committing an offence punishable under Section 20 of NDPS Act, to which he pleaded not guilty and claimed trial.