VINOD KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present criminal appeal has been maintained by the appellant-accused-convict (hereinafter to be called as "the accused"), against the judgment dated 10.04.2017, passed by learned Special Judge, Chamba, District Chamba, H.P., in Sessions Trial No. 50 of 2014, whereby the accused was convicted and sentenced to undergo rigorous imprisonment for a period of four years and a fine of Rs. 15,000/- and in default of payment of fine, to further undergo simple imprisonment for a period of six months, for the commission of offence punishable under Section 20 (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be called as "NDPS Act").

(2.) Succinctly, the facts giving rise to the present appeal, as per the prosecution story, are that on 20.07.2014, ASI Jagdish Chand alongwith HC Sanjay Kumar, SPO Sanjeev Kumar, SPO Jan Mohammad and SPO Darshan Singh, was on patrolling duty at Darkunda. At about 2.30 P.M., the accused came from the side of Tilmali carrying a sky blue colour bag in his left hand and on seeing the police party, he tried to run away. A suspicion arose when the accused was apprehended. On inquiry, he disclosed his name as Vinod Kumar. Since the place was secluded and no independent was available there, ASI Jagdish Chand joined HC Sanjay Kumar and SPO Sanjeev Kumar as witnesses. In their presence, ASI Jagdish Chand conducted the search of the carry bag of accused and inside the bag, found another white colour bag, which was tied with a knot. On opening the knot of that bag, black coloured substance in the shape of sticks was found, which was identified to be charas. The charas (cannabis) was weighed and found to be 550 grams. The contraband alongwith carry bag was put in a cloth parcel and sealed with five seals having impression 'T' and sample of seal 'T' was also taken on separate piece of cloth. NCB form in triplicate was filled in and seal impression was taken on it. The seal after its use was handed over to HC Sanjay Kumar. Investigating Officer scribed rukka and sent the same to Police Station, Tissa, through SPO Jan Mohammad, on the basis of which, FIR was registered. During investigation, Investigating Officer prepared site plan, recorded statements of the witnesses and arrested the accused. The case property consisting of parcel, NCB-I form in triplicate and sample of seal 'T' were handed over to Inspector Sharif Mohammad for resealing. After examining the parcel, he resealed the same with five seals having impression 'R' and filled in relevant columns of NCB form and took sample seal on separate piece of cloth. Thereafter, he deposited the entire case property alongwith the sample seal and NCB form with malkhana Incharge, MHC Ashwani Kumar, who made an entry at Sl. No. 258 in malkhana register and deposited it in the malkhana. On 21.07.2014, malkhana Incharge handed over the case property alongwith relevant documents to HHC, Subhash Singh, to deposit it in SFSL, Junga, vide RC, who deposited the same in SFSL, Junga and on return, handed over the receipt to MHC. The special report was prepared and it was sent through HHG Harinder to Superintendent of Police, Chamba. Copy of Rukka was handed over by SPO Darshan Singh in the office of Superintendent of Police, Chamba. After completion of investigation, challan was presented before the learned trial Court.

(3.) The prosecution, in order to prove its case, examined as many as eleven witnesses. Statement of the accused was recorded under Section 313 Cr. P.C., wherein he denied the case of the prosecution in its entirety. However, the accused did not lead any evidence in his defence.