ASHOK KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Sessions Judge, Mandi in Sessions Trial No. 23 of 2005, decided on 24.6.2006 whereby he has convicted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, referred to as the 'Act') and sentenced him to undergo rigorous imprisonment for a period of 14 years and to pay a fine of Rs. 1,00,000. In case of default of payment of fine, the accused has been directed to undergo further imprisonment for two years.

(2.) Briefly stated the prosecution case is that on 18.11.2004 at about 5.00 a.m., PW/9 ASI Mast Ram along with PW/1 constable Bhup Singh, HHC Milkhi Ram and HHC Yuv Raj were on patrolling duty. They had set up a 'Naka' near Kali Mata Mandir on the road which leads from Banjar to Aut. The police party noticed a person coming from Bali Chowki side. This person had a black blanket wrapped around himself and he was going towards out side. On seeing the police party, this person turned back and tried to run away. This aroused the suspicion of the police officials who chased him and apprehended him on the spot. This person disclosed his name to be Ashok Kumar. PW/9 Mast Ram suspecting that the accused was carrying some contraband gave an option to the accused as to whether he would like to get himself searched through a Magistrate or Gazetted Officer or by the police officials themselves. This option was given vide Memo Ex. PA. The accused agreed for search to the police. The Investigating Officer gave his personal search to the accused vide Memo Ex. PB. Thereafter, the personal search of the accused was conducted and during the search, a polythene packet was discovered under the shirt and vest of the accused. This polythene packet was found under the armpit of the accused. On opening the packet, it was found to be containing some material smelling like charas. The said charas was weighed and was found to weigh 3 kilogram. Two samples of 25 grams each were drawn. The bulk charas and two samples were sealed in separate parcels and sealed with seal 'M'. The seal was taken into possession vide memo Ex. PC. PW/9 Investigating Officer filled the seizure form Ex. PD and Ex. PD/1 in the presence of witnesses. Specimen impressions of the seal were obtained on cloth which is Ex. PP. The NCB form Ex. PO was filled by the Investigating Officer and seat impression 'M' was affixed on this form. Other formalities were completed. The accused was arrested. Thereafter, the case property alongwith NCB form, specimen seal etc. were deposited by PW/9 with ASI PW/7 who resealed the parcels of the- sample and bulk charas with seal 'S'. and specimen of seal 'S' was also placed on the cloth. Thereafter the entire care property was deposited in the Malkhana under the control of PW/4 who entered the same in the Malkhana register. Copy of the abstract is Ex-PF.

(3.) On 18.11.2004 PW/4 handed over one sample to PW/5 Bhuri Singh to deposit the same at C.T.L., Kandaghat vide road certificate No. 110/04. This sample was deposited and on analysis, it was found to be a sample of charas. Thereafter, the Challan was filed and the accused was charged for the aforesaid offence. After completion of the trial, the accused has been convicted and sentenced as detailed, hereinabove. Hence the present appeal.