PAOLO Vs. STATE OF H P

JUDGEMENT

(1.) THESE two appeals are being disposed of by this common judgment as they arise out of one judgment delivered by the learned Special Judge (Fast track Court), Kullu in Sessions Trial No. 8 of 2007, decided on 20. 8. 2008 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 one year and six months and to pay a fine of Rs. 15,000. In default of payment of fine, the accused has been directed to suffer simple imprisonment for two months.

(2.) THE prosecution case, in brief, is that on 29. 11. 2006 at about 7. 00 a. m. PW2 Head constable Yash Pal alongwith HHC chander Prakash and Constable Kuldeep singh were on patrolling duty. They had laid a 'naka' near Pulga Jungle on the pedestrian path leading from village Tahuk to pulga. They saw a person coming from tahuk side on foot. On seeing the police party, the said person suddenly turned back and tried to throw away a polythene envelope after removing the same from inside the coat being worn by him. Such person was overpowered by the police. On questioning, he turned out to be Swiss nationalist and disclosed his name as Paolo. The identity of the accused was verified after checking the passport which he was carrying. According to the prosecution, since the place where the Naka was laid was a secluded place, no independent witness could be associated. Therefore, the Investigating Officer PW 2 associated PW1 Kuldeep Singh and HHC Chander Prakash with the search and investigation. The polythene envelope was seized by the police and on checking, it was found to contain two other polythene envelopes in which charas had been kept. On weighing, the charas was found to be 500 grams. Two samples of 25 grams each were drawn. The two samples and the remaining bulk charas were sealed in three separate parcels and three seal impressions bearing seal 'h' were affixed on each par-cel. Seal impression of 'h' was obtained separately also. This seal was handed over to HHC Chander Prakash. Thereafter, the accused was appraised of the commission of the offence and was arrested. Ruqua Ex. PB was prepared and sent to police station, kullu for registration of FIR. Other investigation was carried out and formalities were completed. PW 2 Head Constable Yash pal then produced the accused and the case property before the SI/sho Mohinder kumar who again re-sealed the parcels by affixing three seal impressions of seal 't' on each parcel.

(3.) IT is in evidence that one sample was got analyzed from the Central Forensic Science laboratory (CFSL), Chandigarh and vide report Ex. PR, the same was opined to be a sample of charas. It would be pertinent to mention here that report Ex. PR was totally silent about the percentage of resin. On the basis of this evidence, a challan was filed against the accused who pleaded not guilty. During the course of the trial, the second sample was sent for analysis to the Forensic Science Laboratory (FSL), Junga from where report Ex. RU was received. The second sample was also opined of charas but in this sample the resin content was found to be 33. 24 per cent.