RAKAM PUN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present appeal so filed under Sec. 374(2) of the Criminal Procedure Code, convict Rakam Pun lays challenge to the judgment dtd. 4/12/2017, passed by Whether reporters of Local Papers may be allowed to see the judgment Special Judge-II (Additional Sessions Judge), Kullu, H.P., in Sessions Trial No. 4 of 2016 (Registration No. 06 of 2016), . titled as State of Himachal Pradesh vs. Rakam Pun, whereby he stands convicted for having committed an offence punishable under the provisions of Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.1,00,000.00 (rupees one lac) and in default thereof, to further undergo simple imprisonment for a period of one year.

(2.) Having perused the impugned judgment, we notice that the judgment is shorn of sound reasoning, which in any event is cryptic in nature. The Trial Judge has simply reproduced the evidence, the law and then without discussing the evidence or how the principles of law are applicable, suddenly arrived at a conclusion that the accused is guilty of having committed the charged offence. The only observation is in paragraphs 32 to 35 of the judgment which does not run into more than twenty sentences. The Trial Judge was dealing with a case having serious consequences and repercussions on the accused who stands convicted and directed to undergo . imprisonment for a minimum period of ten years. Also administration of justice stands adversely affected. It is in this backdrop we are constrained to observe that the Trial Judge ought to have been more careful in forming his opinion, based on reasons, emanating from the material placed on record by the parties. With this backdrop we proceed to decide the present appeal.

(3.) In short, it is the case of the prosecution that during the early hours on 29/8/2015, police party comprising of the Investigating Officer SI Lal Chand (PW-6) and Constable Karam Dass (PW-5) as also HHG Narender Singh (not examined) had left Police Station Kullu for setting up a naaka towards Charour Nala side. At about 5.15 a.m. just when the police party had set up the naaka at Cheela Mour, they saw the accused come from the opposite side carrying a bag in his hand. Seeing the police party, accused got perplexed and threw the bag towards the mountain side. On suspicion, he was apprehended. Suspecting that he may be carrying some contraband substance, after waiting for 15 - 20 minutes for an independent witness to arrive, when none came, police . party opened the bag from which charas, which upon weighment was found to be 3 kg & 347 grams, was recovered. The entire bulk parcel was sealed with seal impression-C. NCB form, in triplicate, was filed and the recovered contraband seized vide memo (Ext. PW-5/D). Ruka (Ext. PW-6/B), sent through Const. Karam Dass (PW- 5), led to registration of F.I.R. No. 209 of 2015, dtd. 29/8/2015 (Ext. PW-5/E), at Police Station Sadar, Distt. Kullu, H.P., against the accused under the provisions of Sec. 20 of the NDPS Act, by Inspector Anil Kumar (PW-7), who after registration of the same handed over the case file to Constable Karam Dass to be taken to the spot. Police party after completing the proceedings on the spot returned to the police station. On the way Constable Karam Dass handed over the case file to the Investigating Officer SI Lal Chand, who after completing the additional formalities handed over the custody of the accused as also the contraband substance to Inspector Anil Kumar for resealing and completion of other formalities in the police station. Special report (Ext.PW-1/A) was prepared and sent to the Addl. S.P. Kullu through SI Lal Chand who in turn after . making endorsement thereupon handed over the same to HC Nirat Singh (PW-1) to keep the same in record. Case property was entrusted by Inspector Anil Kumar (PW-7) to HC Gajender Pal (PW-3) along with NCB forms. Scientific analysis of the contraband was got done through the State Forensic Science Laboratory at Junga. Constable Karamzor Negi (PW-4) took the case property for chemical analysis to the laboratory vide Road Certificate (Ext. PW-3/B) and Constable Mahesh Kumar (PW-2) brought the same back along with the report (Ext. PW-6/G). Report of the scientific analysis revealed the contraband substance to be charas. As such, with the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.