JITENDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) PRESENT appeal filed against the judgment and sentence passed by learned Sessions Judge Kinnaur Sessions Division at Rampur Bushehr HP in Sessions Trial No. 03 of 2007 titled State Vs. Jitender Kumar and another decided on dated 10.11.2008.

(2.) BRIEF facts of the case as alleged by prosecution are that on dated 19.10.2006 at 7 AM at Sainj accused were found in exclusive and conscious possession of 5 Kg. 850 grams of charas at Sainj District Kinnaur H.P. It is alleged by prosecution that accused persons when saw the police officials got nervous. It is alleged by prosecution that co -accused Jitender was in possession of bag which was kept by him upon his shoulder. It is further alleged that police got suspicion and inquired about whereabouts of accused persons. It is further alleged that police called Kuldeep Singh a restaurant owner and Satpal to the spot and prepared consent memo Ext. PW6/A. It is further alleged by prosecution that bag was searched and in bag four polythene packets were recovered containing charas in the shape of sticks and balls. It is further alleged that recovered charas was weighed and it was found 5.800 Kg. It is further alleged that two samples of 25 grams each were separated from all packets and samples were sealed with three seals having impression 'H' and further alleged that remaining bulk charas was separately sealed with six seals of seal impression 'H'. It is further alleged by prosecution that NCB form in triplicate Ext. PW9/A was filled and all four parcels along with NCB form were took into possession. It is further alleged by prosecution that ruka Ext. PW9/B was prepared and forwarded the same to police station through C. Parmod Singh. It is further alleged by prosecution that on the basis of ruka FIR Ext. PW3/A was registered and I.O. also prepared spot map Ext. PW9/C and memos of arrest Ext. PW9/E and Ext. PW9/F were also prepared. It is further alleged by prosecution that sample of parcels with sample of seal and NCB form were handed over to C. Bhawan Dass PW6 for delivery to CFSL Chandigarh which were deposited by him on dated 24.10.2006 and receipt of deposit was also obtained by him on back of R.C. No. 25 of 2006 Ext. PW11/B. It is further alleged by prosecution that special report was sent to SDPO Rampur through C. Mool Chand PW5 on dated 20.10.2006 Ext. PW4/A. It is further alleged by prosecution that as per report of chemical analysis Ext. PW9/G sample was found to be of charas. It is further alleged that polythene packets recovered from accused are Ext. P1 to Ext. P4, bag Ext. P5, sample of seal 'H' Ext. P6, specimen seal Ext. P7, another bag Ext. P8, shirt Ext. P9, two pants Ext. P10 and Ext. P11, parcel received from Chemical Analysis Ext. P12, purse Ext. P13, PAN card Ext. P14 and Samsung mobile Ext. P15.

(3.) PROSECUTION also produced following piece of documentary evidence in support of its case: -