DHARAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PRESENT appeal filed against the judgment and sentence passed by learned Special Judge Chamba in Sessions Trial No. 30 of 2008 titled State of H.P. Vs. Dharam Chand and another decided on 7.3.2009.

(2.) BRIEF facts of the case as alleged by the prosecution are that on dated 12.4.2008 at Talot bridge both co -accused namely Dharam Chand and Himmat Parkash were found in actual and conscious possession of two bags containing 15 Kg charas. It is alleged by prosecution that co -accused Himmat Parkash was driving vehicle No. HP 44A -0243 and another co -accused Dharam Chand was travelling in the said vehicle. It is further alleged by prosecution that during the checking of the vehicle HC Deepak Kumar recovered bag Ext P2 from lap of co -accused Dharam Chand. It is further alleged by prosecution that second bag Ext P8 containing charas was recovered by police party which was tied with gear liver of the vehicle. It is further alleged by prosecution that after checking bags Ext P2 and Ext P8 fifteen Kgs. charas found. It is further alleged by prosecution that 10 Kgs. charas found in bag Ext P2. It is further alleged by prosecution that in bag Ext P8 five Kgs. charas found. It is further alleged by prosecution that two samples of 25 grams each were took out from bag Ext P8 and Ext. P2. It is further alleged by prosecution that thereafter charas was sealed with seal impression 'D'. It is further alleged by prosecution that NCB form Ext PW9/C was filled up. It is further alleged by prosecution that specimen of seal impression was obtained upon piece of cloth. It is further alleged by prosecution that seizure memo Ext PW1/A was also prepared. It is further alleged by prosecution that seal after use was handed over to Constable Ajay Kumar. It is further alleged by prosecution that Rukka Ext PW10/A was sent by SP Tek Chand to Police Station Tissa in order to register FIR. It is further alleged by prosecution that spot map Ext. PW10/B was prepared. It is further alleged by prosecution that FIR Ext PW9/A recorded. It is further alleged by prosecution that two big parcels Ext P1 and Ext P7 and four small parcels Ext P4, Ext P5, Ext P10 and Ext P13 containing samples of charas along with NCB form and specimen seal impression 'D' were handed over to ASI Mulakh Raj at Police Station Tissa. It is further alleged by prosecution that thereafter ASI Mulakh Raj re -sealed all six parcels with his own seal impression 'M' and also took specimen seal impression 'M' on the piece of cloth. It is further alleged by prosecution that memo Ext PW4/A about resealing of case property was prepared. It is further alleged by prosecution that on 14.4.2008 MHC Madan Lal sent two sealed parcels containing sample of charas to FSL Junga vide road certificate No. 10/2008. It is further alleged by prosecution that as per chemical examiner report the sample was of charas. It is further alleged by prosecution that on 13.4.2008 Constable Ajay Kumar handed over special report Ext PW8/A to Constable Om Parkash, Assistant Reader to Superintendent of Police Chamba.

(3.) STATEMENTS of the accused persons were also recorded under Section 313 Cr.P.C. Accused persons did not examine any defence witness. Learned Special Judge Chamba convicted both the appellants under Section 20 of the 'Act' to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/ - (Rs. One lac). Learned Special Judge Chamba further directed that in default of payment of fine both the appellants would further undergo to rigorous imprisonment for two years.