NURDH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant, Nurdh (hereinafter referred to as the accused) has been convicted by learned Special Judge Chamba, Sessions Division Chamba for the commission of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "NDPS Act", in short) and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 20, 000/- vide judgment dated 11.5.2017 passed in Sessions Trial No. 18 of 2012.

(2.) Now, if coming to the factual matrix, a police party headed by HC Deva Nand (PW9) and comprising HC Shoukat Ali (PW1) , Constable Sandip Kumar and SPO Sanjeev Kumar (PW3) had left police station during the night intervening 15- 16/12/2011 for patrolling towards Lesuin, Kuddi, Bhanota and Bharada side. It is around 5.00 a.m. early in the morning on 16.12011, the police party when reached at Nagni jungle, noticed the accused coming from Chajot side. On seeing the police party, he tried to return back. He was asked to stop but of no avail, therefore, HC Deva Nand had apprehended him with the help of accompanying police officials. On inquiry, the accused disclosed his antecedents. Since the police had suspicion on his carrying some narcotic substance with him, therefore, his consent was obtained vide memo Ext. PW-1/B. On being consented for his search by the police officials itself, PW-9 had given his own search. Memo Ext. PW-1/A was recorded in this regard. During his personal search, he was found carrying white coloured packet which he had concealed inside the sweater and the shirt worn by him. The same was found to be tucked near his stomach. On checking the bag (Ext. P-2) , charas Ext. P-3 was found kept inside. The same was in the shape of sticks (batties) and when weighed was found to be 950 grams. The recovered charas was put back in the same packet and sealed with five impressions of seal 'H'. The same was taken into possession vide memo Ext. PW-1/D. The sample of seal 'H' was taken on a piece of cloth, which is Ext. PW-1/C. The I.O. PW-9 HC Deva Nand thereafter prepared the rukka Ext. PW-9/A and it was sent to police station through PW-1 HC Shokat Ali for registration of FIR. Consequently, FIR Ext. PW-7/B came to be registered at Police Station, Tissa. The Investigating Officer had completed the codal formalities such as prepration of recording entries in the NCB forms in triplicate Ext. PW-9/A, spot map Ext. PW-9/C and thereafter apprised the accused about the grounds of arrest vide memo Ext. PW-9/D. He was then arrested on the same day. PW9 HC Deva Nand had brought the accused and the case property to the police station and produced the same along with the sample of seal and seizure memo before the Inspector/SHO Jagdish Chand (PW7) , who had re-sealed the parcel containing the charas with seal 'A'. The re-seal memo is Ext. PW-4/A. The impression of seal 'A' was also affixed on the NCB forms. He had retained the facsimile of seal on a piece of cloth which is Ext. PW4/B. PW-7 had thereafter deposited the case property with MHC Avinder Singh (PW4) , who in turn sent the same to Forensic Science Laboratory, Junga vide RC No. 148/2011. As per report of FSL, Ext. P-A, the contraband found in possession of the accused being extract of cannabis was sample of charas.

(3.) On completion of investigation, the report under Section 173 of the Code of Criminal Procedure was filed against the accused in the trial Court. Learned trial Court in view of the report and the documents annexed therewith and finding a prima-facie case having been made out against the accused had proceeded to frame charge under Section 20 of the NDPS Act against the accused. He, however, pleaded not guilty to the charge. Therefore, the prosecution has examined nine witnesses in all to substantiate the charge so framed against him.