SOHAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant has challenged the judgment of his conviction and sentence, passed by the learned trial Court, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short 'the Act ', allegedly for keeping in possession 10 Kgs. Charas, whereby he was sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs. 2 lacs, in default of payment of fine, further to undergo rigorous imprisonment for a period of 2 years.

(2.) IN brief, the prosecution story as emerges from the evidence on record is that on 22nd November, 2004 at about 9.30 p.m., PW -11 Inspector/ SHO N.K. Sharma, was on patrolling duty, in his official Van bearing registration No. HP - 33 -6202 at Beoli bridge. PW -6 Jagir Singh was its driver. ASI PW5 Yog Raj, Head Constable Ram Lal and Constable Sant Ram of CIA staff met them on the way. They were also joined and all of them reached Bus -stand, Mandi in their police -van. Inspector N.K. Sharma noticed the appellant, hurriedly boarding the moving HRTC Bus No. HP -35 -0414 which had just left the bus -stand and was enroute to Delhi. He entertained some suspicion on the appellant and followed the bus, which was ultimately stopped at Pull Gharat. The appellant was having a Pithubag (Ex.P -1) and a carry -bag looking like an Attache -case in his hand. He was alighted from the bus. In the meantime, a three -wheeler bearing No. HP -05 -1376, which was being driven by PW2 Lekh Raj arrived there. He was also associated by the police while conducting the search of the appellant. The police searched Pithu -bag (Ex.P -1). It was found having contained two Jean Pants, one Jacket and 5 packets of Charas in different shapes and each packet wrapped with red -tape. It was estimated to be about 10 Kgs. Inspector N.K. Sharma took into possession the entire Charas vide memo Ex.PW -1/A in the presence of PW -2 Lekh Raj and PW -9 Head Constable Gulab Singh and sent a Ruka Ex. PW -11/A, for the registration of the case through Head Constable Gulab Singh (PW -9). Police prepared the site plan Ex.PW -11/B. Thereafter scales and weights were arranged from the shop of PW -1 Sushil Kumar, who was running a police canteen near Police -Line Paddal in Mandi Town. The Charas was weighed in the Police Station. It was exactly found to be 10 Kgs. The said Police Officer separated two samples of 25 grams each and sealed each of them with seal impression "N". The remaining bulk was also sealed with same seal. A sample of seal was also taken separately on a piece of cloth. The seizure memo Ex.PW -9/A was prepared in the presence of Head Constables Gulab Singh (PW -9) and Jagir Singh (PW -6). N.C.B. forms in triplicate, one of which is Ex.PW -11/D, was also prepared. On the personal search of the appellant, his personal affects were taken into possession, which are detailed in memo Ex.PW - 1/C on 23rd November, 2004. The case property was deposited with MHC Rajeev Kumar (PW -10) in the Malkhana. The statements of the witnesses were recorded and a sample parcel was sent for chemical examination.

(3.) THE appellant was charge -sheeted for the aforesaid offence. He pleaded not guilty and claimed trial. To prove its case, prosecution examined its witnesses and the appellant was also examined under Section 313 of the Code of Criminal Procedure. He denied the circumstances, which were found attendant upon him and maintained his innocence. He also disowned Pithu -bag and other articles and denied any recovery from his possession.