SALEEM MOHAMAD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In these appeals filed under Section 374 Cr.P.C., convicts Saleem Mohamad and Kishori Lal have assailed judgment dated 02.05.2016 / 05.05.2016, passed by Special Judge-(II), Shimla, H.P., in Sessions Trial No.16-S/7 of 2015, titled as State of Himachal Pradesh Versus Saleem Mohamad & another, whereby they stand convicted for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to serve rigorous imprisonment for a period of ten years each and pay fine of Rs.1,00,000/- each and in default thereof, further to undergo simple imprisonment for a period of one year

(2.) In short, it is the case of prosecution that on 08.02.2015, police party headed by ASI Raj Kumar (PW.13), recovered 1 kg 100 grams of charas from the conscious possession of accused Saleem Mohamad and Kishori Lal. The charas was recovered from a vehicle bearing registration No.CH-03D-7692, driven by accused Saleem Mohamad and the bag was kept under the front seat of the car over which accused Kishori Lal was sitting. The recovery was effected in the presence of independent witness Kuldeep Sharma (PW.1) and police officials H.C.Pyare Lal (PW.2) and HHC Babu Lal (PW.3). FIR No.8 of 2015, dated 08.02.2015 (Ex.PW.10/A) was registered by HC Kartar Singh (PW.10), for commission of offence punishable under the provisions of Section 20 of the NDPS Act at Police Station, Jubbal, District Shimla, H.P. With the completion of proceedings on the spot, including the accused being searched and the NCB form (Ex.PW.13/A) filled up, contraband substance was deposited in the malkhana by Kartar Singh (PW.10). Vinod Kumar (PW.5) carried the recovered stuff for chemical analysis and the report of the Chemical Analyst (Ex.PW.13/H) alongwith the contraband substance was brought by Jawahar Lal (PW.12). Special report (Ex.PW.11/A) so handed over by L.C. Anjana (PW.7) was received by Nanak Chand (PW.11) in the office of SDPO, Rohru. With the completion of proceedings, which prima facie revealed complicity of the accused in the alleged crime, SI Liaq Ram (PW.9) presented the challan in the Court for trial.

(3.) Both the accused were charged for having committed an offence punishable under the provisions of Section 20 of the NDPS Act, to which they did not plead guilty and claimed trial.