RAMESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the appellant/convict against the judgment dated 20.10.2016 passed by learned Special Judge-IV, Kangra at Dharamshala in Session Trial No. 16-D/2016, titled as State of HP Vs. Ramesh Kumar, whereby appellant/convict has been convicted and sentenced to undergo rigorous imprisonment for five years along with fine of Rs.10,000/- for commission of offence under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as the 'Act' for short), in case FIR No. 144/2013, dated 18.6.2013, registered in Police Station, Kangra, under Section 20 of the Act.

(2.) Prosecution case in brief is that on 18.6.2013, PW-12 ASI Gian Chand was on patrol duty along with PW-8 H.C. Sanjeev Walia, H.C. Rajinder Kumar (not examined), H.C. Kuldeep Kumar (not examined), constable Kuljeet Singh (not examined), PW-9 constable Ashish Kumar and PW-5 constable Pawan Kumar, near office of SDM, Kangra and at that time they had received a secret information that the Whether the reporters of the local papers may be allowed to see the Judgment? Yes appellant/convict had been indulging in selling charas in his manyari shop at VPO Bhadiyara Thehr and according to Investigating Officer, this information was definite and reliable and there was no sufficient time to obtain search warrants, as there was apprehension of distruction of contraband, therefore, information under Section 43(2) of the Act was prepared and sent to PW-11 Dy. S.P. Kangra through PW-5 Constable Pawan Kumar and Dy. S.P. Hitesh Lakhanpal (Head Quarter)(SO) was informed telephonically. Thereafter PW-12 Gian Chand associated two independent witnesses, PW-1 Manohar Lal and PW-2 Rajinder Singh, respectively Up Pradhan and Ward Member of the Panchayat and accompanied by these witnesses and fellow Police persons, had searched the shop of appellant/convict in his presence and by that time PW-11 Dy. S.P. Hitesh Lakhanpal had also arrived at the spot. It is further case of the prosecution that before raiding the shop of the appellant/convict, they had given their personal search to him vide memo Ex. PW-1/A and thereafter during search of the spot an envelope was recovered from cash box/Galla of the wooden counter of the appellant/convict, wherefrom black colour stick shape substance, wrapped in transparent polythene was recovered and on smelling and also on the basis of experience of PW-12 Gian Chand, it was identified to be charas. The said substance on weighing was found to be 350 grams. Thereafter recovered charas was put in the same packet and sealed in a cloth parcel Ex. P-1 and sealed with nine seals of impression 'M'. During this process relevant columns of NCB Form Ex. PW-3/D were filled in, in triplicate, by PW-12 ASI Gian Chand and seal impression 'M' was also taken on NCB Form and on separate piece of cloth Ex. PW-1/B and seal, after use, was handed over to PW-1 Manohar Lal, parcel Ex. P-1 containing charas Ex. P-3 was taken into possession vide memo Ex. PW-1/C and seizure memo Ex. PW-1/C and sample seal cloth Ex. PW-1/B were also signed by witnesses PW-1 .

(3.) Report under Section 42 (2) of the Act Ex. PW-8/A was received by SDPO Ashok Verma, which, after perusal and putting signatures thereon, was handed over to PW-8 H.C. Sanjeev Kumar, who whereafter made an entry in NDPS Register, extract thereof is Ex. PW- 8/B, which was duly signed by SDPO Ashok Verma.