TILAK RAJ Vs. STATE OF H P

JUDGEMENT

(1.) Present appeal has been preferred by accused-convict-appellant Tilak Raj against the judgment dated 7.12.2016/13.12.2016, passed by learned Special Judge, Chamba, Division Chamba, Himachal Pradesh, in Sessions Trial No.27 of 2015, titled as State of Himachal Pradesh v. Tilak Raj, whereby accused has been convicted for committing an offence under Section 20(b) (ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs.1,50,000/-, and to undergo further simple imprisonment for a period of six months in case of default of payment of fine.

(2.) We have heard learned counsel for the accused, learned Additional Advocate General, and also gone through the record.

(3.) In brief, case of the prosecution is that on 16.5.2015 at 2.15 p.m., a police party headed by HC Kartar Singh (PW-13), consisting of Constable Surinder Singh (PW-1), Constable Subhash Chand (PW-2) and Constable Pawan Kumar (PW-3), left Police Post, Banikhet for patrolling towards Bathri, Devi Dehra Bazaar, etc., District Chamba, alongwith Investigation Kit, Photography and Videography Camera, Electronic Weighing Machine, etc., after recording Rapt No.7 in Daily Diary Register (Ex.PW-6/A) in Police Post Banikhet. From Banikhet to Bathri, the police party travelled in HRTC Bus, wherefrom they went on patrolling, on foot, to Devi Dehra Bazaar and on the way challaned two vehicles under the Motor Vehicles Act. At about 3.45 p.m., when the police party was near Rock Garden Bridge, Devi Dehra and PW-13 HC Kartar Singh was talking with Pankaj Kumar (PW-4) and Shashi Kumar (PW-5), a person appeared on the road from the stairs of Jalpa Mata Temple, having a package parcel of shawl in his hand. The said fellow got perplexed on noticing the police on the road. On inquiry, the accused disclosed his identity and address whereafter he was also inquired about the material being carried by him in the package parcel. After his reply that it contained his personal belongings, PW-13 Kartar Singh asked him to open it for checking. On opening of the package parcel by the accused, a blue coloured carry bag, containing therein an envelope of polythene, was found therein. In the polythene envelope, black coloured solid stick shape substance was found. Whereupon at about 4 p.m., PW-1 Surinder Singh was sent by the Investigating Officer PW-13 HC Kartar Singh to the Police Post for bringing Drug Detection Kit, who returned with the said kit at 5 p.m. On checking the black coloured substance, with the help of Drug Detection Kit, it was identified to be as Charas. Thereafter, Identification Memo (Ex.PW-2/A) was prepared, which was thumb impressed by the accused as well as PW-2 Constable Subhash Chand, and independent witnesses PW-4 Pankaj Kumar and PW-5 Shashi Kumar. On weighing the recovered contraband, on electronic weighing machine, it was found to be 1.8 kgs. Thereafter, the recovered Charas was again put in the bags in the same manner as it was earlier and the same was taken into possession, after sealing it in a parcel of cloth with seal impression "S". Sample of the seal was taken on a piece of cloth (Ex.PW-2/D), whereupon the accused had put his thumb impression and PW-2, PW-4 and PW-5 had signed the same. Relevant columns of NCB Form (Ex.PW-10/C) were also filled in triplicate and impression of the seal was also taken on the NCB form. The seal, after use, was handed over to PW-4 Pankaj Kumar. Shawl, which was used for package parcel, was also taken into possession. Seizure Memo (Ex.PW-2/E), duly thumb impressed by the accused and signed by PW-2, PW-4 and PW-5, was prepared on the spot. Thereafter, notice under Section 50 of the NDPS Act (Ex.PW-2/B) was given to the accused, whereby he was informed of his legal right for opting his personal search before some Magistrate or Gazetted Officer. As accused had claimed that he is illiterate, meaning of "Gazetted Officer" and "Magistrate" was also explained to him. However, accused opted for his personal search by HC Kartar Singh. The accused had put thumb impression on the notice (Ex.PW-2/B) and PW-3 and PW-4 had also signed the same. Before conducting the search of the accused, the police officials and the witnesses also gave their personal search to accused vide memo (Ex.PW-2/C), which was signed by PW-2, PW-4 & PW-5, and thumb impressed by the accused.