KARAN Vs. STATE OF H P

JUDGEMENT

(1.) The appellant/accused has filed the instant appeal against the judgment dated 28.12.2007 passed by the learned Special Judge, Fast Track Court, Kullu, in Sessions Trial No. 5/2007, whereby he has been convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.20,000/ for commission of an offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act,( in short, "Act") and in default of payment of fine, to further undergo simple imprisonment for a period of six months.

(2.) The prosecution story, in brief, is that on 6.11.2006, HC Yashpal along with HHC Lal Singh and HHC Chander Prakash was present at Samod Nallah in connection with patrol duty and detection of crime. At about 7.30 A.M., one person came from Jai Nallah side and on seeing the police party, he turned back and tried to flee away from the spot. He was overpowered by the police. He tried to throw away polythene envelope, which he had kept underneath armpit inside his sweater. The said polythene envelope was caught by HC Yashpal. On enquiry, said person disclosed his name to be Karan, son of Dhan Bahadur, resident of Village Man Naggar, Police Station Ganeshpur, District Kapil Bastu, Nepal. He also stated that he had been living in the orchard of Man Singh of Village Katagla. The polythene envelope was checked by HC Yashpal and it was found containing Charas in the shape of 'Chapatis' and balls. The spot was a jungle and secluded place. No independent witness was found present there. HHC Lal Singh and HHC Chander Prakash were associated as witnesses by HC Yashpal. The recovered Charas was weighed and found to be 640 grams. Two samples of Charas 25 grams each were separated from the recovered Charas. Remainder of Charas was put back in the same polythene envelope and said polythene envelope containing Charas was sealed in a separate parcel. Four seal impressions of 'H' were affixed on each parcel. Samples of seal impressions 'H' were obtained separately. NCB form in triplicate was filledin. Seal after use was handed over to HHC Chander Prakash. A seizure memo was prepared on the spot which was signed by the appellant and witnesses. Copy of seizure memo was supplied to the appellant free of costs and arrest memo was prepared on the spot.

(3.) A rukka was prepared on the spot by HC Yashpal , which was sent to Police Station, Kullu though HHC Lal Singh on the basis of which an FIR was registered against the appellant. Site plan of occurrence was also prepared. Thereafter, HC Yashpal proceeded to Police Station, Kullu, alongwith appellant and case property. HHC Lal Singh met HC Yashpal at Police Station, Kullu and case file was handed over to him. He filledin relevant columns pertaining to FIR number on various memos. The case property was handed over to SHO Joginder Singh by HC Yashpal. SHO Joginder Singh resealed the sealed parcels. Case property was deposited at police Malkhana at Kullu with MHC Manoj Kumari. On 7.11.2006, MHC Manoj Kumari handed over the sealed sample parcel and other connected documents to Constable Teja Singh to deposit the same at CFSL, Chandigarh. The sample parcel was deposited at CFSL, Chandigarh. As per the report of CFSL, Chandigarh, contents of the sample were found to be that of Charas. A special report was also prepared by HC Yashpal, which was handed over to Deputy Superintendent of Police, Headquarters at Kullu.