TEK SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Presiding Officer, Fast Track Court, Mandi, District Mandi, in Sessions trial No. 12/2004/76/2005 decided on 30.5.2005 whereby the accused has been found guilty of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and has been sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/ -. In case of default of payment of fine the respondent -accused has been directed to undergo imprisonment for one year.

(2.) BRIEFLY stated the prosecution story is that on 19.1.2004 PW -10, Inspector Mast Ram who was at that time Additional SHO, PS, Sadar, Mandi, alongwith ASI Prem Raj, PW -2 H.C Rajiv Kumar, HHC Mohan Lal and PW -4 constable Param Dev were on traffic checking duty at Bindravani Check Post at about 2.00 p.m. At about 3.20 p.m, a bus bearing registration No. HP -33 -3381 belong to Anjali Bus Service came from Kullu side. This bus was stopped for checking. PW -10 Mast Ram alongwith PW -4 Param Dev entered the bus from the front door whereas ASI Prem Raj and PW -2 HC Rajiv Kumar entered the bus from the rear door. There were about 25/30 passengers in the bus. The bus was searched. The accused was sitting on seat No. 19 having a bag in his possession. On checking of the bag a polythene packet was found which contained Charas wrapped in a paper. PW -2 was deputed to bring the weight and scales from a nearby shop. On weightment the Charas was found to weigh 3 Kg. 650 grams. Three samples each weighing 25 grams were taken from the Charas and were put in three separate parcels, sealed with seal impression 'B ' at six places. The remaining bulk Charas was also put in the same bag and was sealed with seal impression 'P ' at nine places. The clothes etc., which were recovered from the bag of the accused was also seized. The parcels containing the residue and sample Charas were seized vide seizure memo Ext.PW -2/A. The driver of the bus PW -9 Chet Ram and Ravi Kumar, conductor of the bus, were associated with the search. They signed the memos. Sample seal Ext.PW -2/C was taken separately and the same was affixed at Mark -A over Ext.PW - 2/A. Other documentation was done and investigation completed. Thereafter, the case property alongwith NCB form, sample seal, recovery memo, etc. were produced before Shri K.D. Sharma, PW -7, SHO Police Station, Mandi, and the statement of the witnesses were recorded. PW -7 recorded the F.I.R. Ext. PW -7/A on the basis of the Ruqua Ext.PW -7/B brought to him by PW -4 constable Param Dev. PW -10 Inspector Mast Ram produced before PW -4 the case property i.e. one parcel containing Charas weighing 3 Kg. and 570 grams and three parcels containing 25 grams of charas each. All these parcels were sealed with seal impression 'B '. The said witness resealed the above case property with seal impression 'P '. He also made an endorsement on the NCB form and affixed the seal impression 'P ' on the same. Thereafter the case property was handed over to the in -charge Malkhana for keeping in safe custody. The in -charge of the Malkhana PW -5 then sent one sample to the CTL Kandaghat through PW -6. On examination, the sample was found to be of Charas and the resin content was found to be 32.01%. After receipt of this opinion, the challan was filed. The accused pleaded not guilty and claimed trial. After trail he has been convicted and hence the present appeal.

(3.) SHRI Anoop Chitkara has raised the following contentions: