STATE OF H.P. Vs. SURAJ MAL

JUDGEMENT

(1.) SINCE both these appeals arise out of the very same impugned judgment, they are being considered and disposed of together.

(2.) APPELLANT -convict Suraj Mal, hereinafter referred to as the accused, has filed Criminal Appeal No. 379 of 2014, assailing the judgment dated 23.2.2008/25.2.2008, passed by Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, Himachal Pradesh, in NDPS Act case No. 02 of 2006, titled as State v. Suraj Mal whereby he stands convicted of the offence punishable under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for a period of three years and pay fine of Rs. 10,000/ - and in default thereof to further undergo simple imprisonment for a period of six months.

(3.) IT is the case of prosecution that on 16.10.2005, HC Tain Singh (PW -7), HHC Jia Lal (PW -1), Constable Puran Chand (PW -2) and Constable Mukesh Kumar were on patrol and traffic checking duty at Kot Nallah. At 2.15 p.m., they saw one person come towards Darog side. Noticing unusual behaviour, on suspicion, police party apprehended him. On query, he disclosed his name (Suraj Mal) and particulars. He was carrying a polythene bag, which, on suspicion, after apprising him of his statutory rights and obtaining his consent, was searched. From the same, charas weighing 1.250 kg was recovered. Two samples, each weighing 25 grams, were drawn, which were sealed with seal impression 'H'. Remaining bulk parcel was also packed and sealed separately with the same seal. Specimen of the seal (Ex. PW -1/D) was also drawn. NCB form was filled up in triplicate on the spot. Ruka (Ex. PW -2/A) was sent through Puran Chand (PW -2), on the basis of which FIR No. 76, dated 16.10.2005 (Ex. PW -3/A), for offence under the provisions of Section 20 of the Act, was registered at Police Station, Ani, District Kullu, Himachal Pradesh. Accused was arrested. With the completion of proceedings on the spot, case property was entrusted to SI Bhup Ram (PW -3), who resealed the same with his own seal of seal impression 'X' and deposited it in the Malkhana, which was kept in safe custody by MHC Hem Raj (PW -5). Sealed samples were taken for analysis to the CTL, Kandaghat and report (Ex. PW -7/E) taken on record. Special report (Ex. PW -4/B) was received in the Office of Dy. S.P. by HC Prakash (PW -4). With the completion of investigation, which, prima facie, revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.