PREM CHAND Vs. STATE OF H P

JUDGEMENT

(1.) Appellant herein is a convict. He has been convicted by learned Addl. Sessions Judge (Special Judge) Kullu, District Kullu, H.P. for the commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic substances Act, 1987 (hereinafter referred to as the ND & PS Act in short) and sentenced to undergo rigorous imprisonment for 10 years and to pay Rs. 1,00,000/- as fine vide judgment dated 16.12.2016 passed in Sessions Trial 25 of 2015.

(2.) The allegations against the appellant (hereinafter referred to as the accused) in a nut shell are that on 6.1.2015 around 5:00 PM, when apprehended by the police of Police Post Jari, PS Sadar Kullu near Village Chowki, 3 km. ahead of dam site, Manikaran, District Kullu, was found in conscious and exclusive possession of charas weighing 1197 grams (1 kg 197 grams) un-authorisedly and thereby committed offence punishable under Section 20 of the ND & PS Act.

(3.) Now, if coming to the factual matrix, the prosecution case as disclosed from the report filed under Section 173 Cr.P.C. in a nut shell is that on 6.1.2015, police party headed by PW-12 ASI Dharam Chand, In-charge Police Post Jari (Investigating Officer) and comprising PW-10 HHC Lal Singh, Constable Nitish Kumar, Constable Nitin Kumar and PW-11 Const. Naveen Kumar left the Police Post towards Village Chowki, Dam side etc. for patrolling at 2:00 PM. Rapat in daily diary Ext. PW-2/A was entered by PW-12 ASI Dharam Chand in the daily diary. The police party when reached at a place 3 kms. away from Village Chowki towards Malana Dam site, laid Naka around 3:00 PM. The accused was noticed walking on the road around 5:00 PM. He was going towards Jari side and carrying a black coloured rucksack on his back. On seeing the police, he became perplexed and took reverse turn and started walking. He was nabbed and on enquiry by PW-12 ASI Dharam Chand disclosed his name as Prem Chand son of Sh. Sui Ram, resident of Village Malana. A suspicion arose in the mind of PW-12 ASI Dharam Chand that accused may have some contraband in his bag and as such it was deemed appropriate to conduct the search of his bag. The spot, however, was secluded in a forest and there was no habitation at least up to a distance of 3 kms. Irrespective of it, PW-11 Const. Naveen Kumar was deputed to find out some persons for being associated as witnesses. This witness, however, returned to the spot after 15-20 minutes without finding anyone available there. The I.O. PW-12 ASI Dharam Chand associated PW-10 HHC Lal Singh and PW-11 Const. Naveen Kumar present on the spot as witnesses. The rucksack Ext. P-8 with inscription "HP" the accused carrying on his back was opened by PW-12 ASI Dharam Chand. Another carry bag of beige colour with inscription "ELITE" was found kept therein. On opening this bag, 4 polythene zipper pouches Ext. P-2 to P-5 were found and each of the pouch was containing charas in the shape of squares, plates and bars Ext. P-6. The recovered charas was weighed with electronic scale in the I.O. Kit and found 1197 grams. It was repacked firstly in the brown coloured carry bag and thereafter in the rucksack and thereafter put in a cloth parcel. The memo Ext. PW-10/B was prepared by PW-12 ASI Dharam Chand regarding identity of the recovered contraband allegedly charas. The photographs Ext. P-1 to P-6 were also clicked. The parcel containing the recovered charas was sealed with 6 seals of impression "T". Facsimile of seal "T" was taken on 4 pieces of cloth at 3 places each Ext. PW-10/C. NCB form Ext. PW-4/A was filled in triplicate. Seal "T" was handed over to PW-10 HHC Lal Singh vide memo Ext. PW-10/E. The recovered charas was taken into possession vide seizure memo Ext. PW-10/D. It is thereafter rukka Ext. PW-12/A was scribed by PW-12 ASI Dharam Chand and handed over to PW-11 Const. Naveen Kumar to take the same to the Police Station for registration of FIR. PW-11 Const. Naveen Kumar handed over the rukka Ext. PW-12/A to PW-8 SHO Neel Chand in Police Station Sadar Kullu on 6.1.2015 itself. PW-8 SHO Neel Chand in turn has registered FIR Ext. PW-8/A and handed over the case file to PW-11 Const. Naveen Kumar with a direction to take it back to the spot and hand over the same to I.O. there.