GIAN CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE judgment dated 25.3.2013 in Sessions trial No. 29 of 2011 (RBT No. 89 of 2012) by learned Special Judge, Kullu, convicting the appellant under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Act') and sentencing him to undergo rigorous imprisonment for nine years and to pay fine of Rs. 90,000/ -, in default of payment of fine, to further undergo imprisonment for six months, has been assailed by the appellant in the appeal. The prosecution case, in brief, is that on 18.5.2011 at about 11.30 a.m. PW -9 ASI Ram Lal, H.C. Ses Raj, H.C. Raj Pal, HHC Bhag Singh, C. Narender Kumar in vehicle No. HP -34A -0213 alongwith driver Raj Kumar were at Nakka at place Bhiyur near Larji on Sainj -Larji road. The police noticed the appellant coming on foot from Sainj side with a rucksack. On seeing the police, the appellant got perplexed and tried to escape. This act of the appellant created suspicion which led to overpowering of appellant by the police. The appellant could not give satisfactory reply on questioning. It was an isolated place and no independent witness was available at the spot, therefore, PW -2 C. Narender and HC Raj Pal were associated as witnesses and in their presence the appellant was questioned. The police suspected some contraband in the possession of appellant, therefore, appellant was apprised about his legal right to be searched either before a Magistrate or gazetted officer vide memo Ex. PW -2/A. The appellant opted to give his search before the Magistrate.

(2.) THE appellant alongwith rucksack carried by him and the witnesses were taken to Banjar before PW -3 Kirpa Ram, Executive Magistrate, who was apprised about the facts of the case. PW -9 ASI Ram Lal gave his personal search vide memo Ex. PW -2/B before the Executive Magistrate but nothing illegal was found on his person. Thereafter the personal search of appellant was carried, however, no incriminating material was recovered from his personal search. On checking rucksack bag carried by the appellant, one red coloured bag was found in the rucksack. On opening red coloured bag, one kilogram 'Charas' was recovered from it.

(3.) ON 19.5.2011 PW -9 prepared special report Ex. PW -1/A and submitted the same to Dy. S.P. through HHC Bhag Chand, the relevant entry to this effect was made in the concerned Register. PW -4 MHC Ramesh handed over the case property to PW -6 C. Bahadur Singh alongwith sample seal, NCB form and other relevant documents with a direction to deposit the same at FSL Junga vide road certificate Ex. PW 4/D after filling column No. 12 of NCB form. PW -6 after depositing the case property at FSL Junga, deposited receipt and road certificate with MHC. The case property was examined at FSL, Junga and vide report Ex. PW -7/B found to be charas with quantity of resin 25.06%w/w.