CHET RAM Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal is directed against the judgment rendered on 10.3.2017, by the learned Special Judge, Kullu, Himachal Pradesh, upon, Sessions Trial No. 23 of 2011/74/2016, whereby the appellant stands convicted, AND, is consequently sentenced to undergo rigorous imprisonment, for eight years AND to pay a fine of Rs. 80,000 /-, for commission of an offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') AND in default of payment of fine, he is sentenced to suffer simple imprisonment for six months.

(2.) Brief facts of the case are that on 27.11.2010, a police party consisting of ASI Jai Lal (PW-7), HC Mahender Singh, C. Nikhil Kondal (PW-3) and C. Devender Prashad had gone for patrolling from Police Post, Patlikuhal. When the party was on way from Parahari to Damchin, through jungle, at 11:45 AM, and reached Thachi Rongpul, accused was noticed coming towards Damchin side having a green coloured rucksack in his right hand. On seeing the police party, accused turned back and tried to escape. He was apprehended on the basis of suspicion of having some illegal object in the rucksack, being carried by him. On inquiry, accused disclosed his name and address. The accused could not explain satisfactorily about the contents in the rucksack. IO sent C. Nikhil Kondal to bring independent witnesses, but no witness was found available. Thereafter, C. Nikhil Kondal and HC Mahender were associated to witness the proceedings. I.O., in the presence of witnesses, apprised the accused about his legal right to be searched either before a Magistrate or a Gazetted Officer. He consented to be searched by the police present at the spot vide memo, Ext. PW3/A, but nothing illegal was found in his possession. Thereafter, the rucksack Ext. P-2, being carried by the accused was checked. In it, another blue coloured bag containing stick shaped Charas Ext. P-5, was found wrapped in polythene wrappers, Ext. P-4. The recovery of Charas was weighed and found to be 800 gms, which was repacked in same fashion and then sealed along with rucksack, Ext. P-2, in cloth parcel, Ext. P-1, with eight seals of seal impression T'. NCB form in triplicate were filled by the I.O., one of which, is, Ext. PW2/C. He also drew sample of seal 'T' on cloth pieces, one of which is Ext. PW3/D and seal, after use, was handed over to C. Nikhil Kondal (PW-3) for safe custody. The parcel of case property taken into possession vide memo, Ext. PW3/C. Copy of seizure memo was supplied to the accused, free of cost. Thereafter, I.O. prepared rukka, Ext. PW3/E and handed over same to C. Nikhil Kondal (PW-3) with a direction to carry the same to P.S. Manali, for the registration of the case and on receipt of the same. Inspector, Om Chand (PW-6), who was officiating SHO on that day in the police station, registered FIR, Ex. PW3/F, by putting his endorsement on the ruqua and handed over the case file to C. Nikhil Kondal with a direction to hand over the same to I.O. at the spot. IO prepared the spot map Ext. PW7/A, and also recorded the statements of witnesses under Section 161 Cr. P.C., as per their version. The accused was apprised about the grounds of arrest and thereafter, arrested vide memo, Ext. PW7/B, and information, qua his arrest, was given to his relative. On the completion of the proceedings at the spot, accused along with case property, was brought to Police Station, Manali and produced before officiating SHO/SI (PW-5) vide Rapat Ext. PW5/A. SI Om Chand resealed the parcel, Ext. P-1 with four seals of "O". He also filled relevant columns of NCB I form, Ext. PW2/C, and put facsimile of seal "O" thereon. He also drew sample of seal "O" Ext. PW6/A, and deposited the case property, i.e. parcel, Ext. P-1, containing 800 grams of Charas, along with sample seals "T" and "O" from NCB I form, in triplicate, and other documents with MHC of police station vide rapat, Ext. PW5/B, who entered the same in Register No. 19 of Malkhana at Sr.No. 672, the abstract of which is, Ext. PW2/A, and deposited the same in Malkhana. The case property remained in his safe custody. On 28.11.2010, after filling column No. 12 of NCB I form, PW-2 sent parcel, Ext. P-1 along with NCB forms, samples seal "T" and "O" as well as other relevant documents to FSL, Junga, vide docket, PW2/B, through, C. Jiwa Nand (PW4) vide R.C., Ext.PW2/D, who deposited the same in FSL Junga and obtained the receipt on R.C. and then on his return to the police station, deposited the same with the MHC (PW-2). On 28.11.2010, Investigating Officer prepared special report, Ext. PW1/A, and submitted the same before the then SDPO Manali, who after making his endorsement on the special report, handed over the same to his Reader, HC Sher Singh (PW-2), who entered the same in the relevant register, the abstract and as per analysis, the contents of exhibit were opined the extract of cannabis and sample of Charas.

(3.) On conclusion of the investigations, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared, and, filed before the learned trial Court.