VIKRAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present appeal has been preferred by appellant against the conviction imposed upon him vide impugned judgment, dated 2nd July, 2016, passed by learned Special Judge (I), Shimla, H.P. (hereinafter referred to as 'trial Court') in Sessions Trial No. 28S/7 of 2015, arising out of FIR No. 35 of 2015, registered under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') resulting into sentencing him to undergo rigorous imprisonment for a term of ten years and to pay a fine of Rs. one lac and in case of default in payment of fine, to further undergo simple imprisonment for a period of one year.

(2.) Prosecution case, in brief, is that on 17th May, 2015 at 2.30 a.m., under the instructions recorded in GD Entry No. 4 (A) (Ex. PW4/A) by SHO Inspector Gopal Singh Verma, police party headed by PW11 ASI Het Ram consisting of PW6 HC Suresh Kumar, PW7 Constable Rajesh Kumar and PW8 HC Harish Kumar Garg left the Police Station for patrolling in Government vehicle No. HP07 A - 0685, being driven by HHG Sanjog Kumar. During patrolling, when the police party was moving from Navbahar side to Ramchandra Chowk and had reached near Ramchandra Chowk, it noticed a person coming on foot, having a carry bag in his hand, becoming perplexed on seeing the police vehicle and running after turning back, causing the police party to suspect the said person of being in possession of stolen articles whereupon he was asked to stop, but, when he did not stop, he was chased and overpowered. On inquiry, he disclosed his name, age and address. On checking his carry bag, another carry bag, containing sticks of black substance, was found therein. On the basis of experience, the said substance was identified as charas and on weighing the same with the help of electronic weighing machine available with the police party in its kit bag, the same was found to be weighing 2 kilograms 900 grams. The said charas was put in a cloth parcel and was sealed with six seals of seal impression 'M'. Seizure memo Ex. PW6/B, prepared on the spot, was witnessed by PW6 HC Suresh Kumar and PW8 Harish Kumar. Form NCBI (Ex. PW10/F) was filledin in triplicate and facsimiles of seal 'M' were taken thereon. Sample seal Ex. PW6/A of seal 'M' was also taken on the spot on a piece of cloth, which was signed by the appellant and witnessed by PW6 HC Suresh Kumar and PW8 Harish Garg.

(3.) Rukka Ex. PW10/A, prepared by PW11 ASI Het Ram at 4.45 a.m., was sent to the Police Station through PW7 Constable Rajesh Kumar, who handed over the same to PW10 Inspector Gopal Singh Verma, who, in turn, on the basis of it, at 5.15 a.m., registered FIR No. 35 of 2015 (Ex. PW10/B) and after making endorsement (Ex. PW10/C) to that effect on the rukka, handed over the case file to PW7 Constable Rajesh Kumar, who delivered it to PW11 ASI Het Ram on the spot. PW11 ASI Het Ram recorded the statements of spot witnesses PW6 HC Suresh Kumar, PW7 Constable Rajesh Kumar and PW8 HC Harish Kumar, prepared the site plan Ex. PW11/A, interrogated and arrested the appellant vide memo Ex. PW11/B, intimation whereof was given to Sandeep Thakur, brother of the appellant.