RAMESH KUMAR AND BHINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) BOTH these appeals arise out of the common judgment of the learned Additional Sessions Judge, Mandi dated 29.11.2003 in Sessions Trial No. 16 of 2002. Both the appellants (hereinafter referred to as the 'accused persons') have filed separate appeals against the impugned judgment which are being taken up together for hearing and are being disposed of by a common judgment.

(2.) THE accused persons were charged and faced trial for having committed an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') as they had allegedly been found to be in conscious and exclusive possession of 3 Kgs. of 'Charas'. They have been convicted under Section 20 of the Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lac in default of which to further undergo simple imprisonment for one month.

(3.) BRIEFLY stated, the case of the prosecution is that on 2nd February, 2002 at about 10.30 a.m. Sub Inspector Bishan Dass along with Madan Lal, HC Ram Lal, HC Ramesh Chand, HHC Sarwan Kumar, Narpat Ram and Lady Constable Champa Devi were present at Khoti Nullah in connection with traffic checking. In the meanwhile, bus No. PB 12C 9006 came from Manali. The police personnel signalled the bus to stop and on its halting, they entered the bus and started checking the luggage of the passengers. During the course of such checking, the police personnel reached near Seat Nos. 36 and 38 which were being occupied by two boys, who had kept one bag and one plastic bag between themselves on the seat. Initially the bag was checked and one blanket, one pair of gloves and cap was taken out and thereafter both the accused persons are stated to have admitted the ownership of the bag. The bag was got opened in the presence of witnesses and on opening the outer pocket one Banyan, two tooth brushes, one tube of tooth paste and one tube of cream were taken out. On opening the main Zipper of the bag, one plastic bag was taken out and from inside the plastic bag 'Charas' in the shape of billets was found, in the presence of witnesses Shukar Deen (PW 2) and Narinder Singh Conductor (PW 1). The prosecution story further is that the accused persons were asked to come out of the bus along with the bag. Constable Sarwan Kumar (not examined) was sent for arranging weights and a scale which he brought from the adjoining shop. On weighing, the 'Charas' was found to be 3 Kgs. Out of the seized 'Charas' two samples of 25 grams each were taken and sealed in two different parcels which were affixed with the seal impression "H". The residue i.e. the bulk of the 'Charas' and the personal belongings were put inside the bag and the bag was sealed with a piece of cloth and sealed with the seal impression "H". The specimen seal impression was separately taken on a piece of cloth and the recovery memo of this is Ext.PW 1/A. The seal, after use, was handed over to Narinder Singh (PW 1). The recovery memo Ext.PW 1/A was signed by the accused persons and also by the witnesses and the specimen seal impression of the parcel was also signed by the accused persons. Thereafter, the Ruka Ext.PW 4/A was signed by the police investigator and the same was sent through Lady Constable Champa Devi to the Police Station for registration of the case. The police investigator conducted the personal search of the accused persons vide memo Exts.PW 2/A and PW 2/B in the presence of the recovery witnesses. The accused persons were arrested on the spot and brought to the Police Station and the case property was handed over to MHC Krishan Kumar vide memo Ext.PW 4/B along with specimen seal impression and NCB Form. The statements of the witnesses were also recorded. During the investigation, the accused Bhinder Singh got identified the spot where he concealed the bag and identification memo was prepared which is Ext.PW 9/K. The spot map, as disclosed by accused Bhinder Singh, is Ext.PW 9/J. The special report was prepared by the Investigating Officer bearing Ext.PW 7/A on 3rd February, 2002 and handed over to Lady Constable Champa Devi to be handed over to the MHC for the further transmission to the S.P. Mandi. On completion of the police investigation and on the receipt of the report of the Chemical Examiner, the police filed the report under Section 173 Cr.P.C. before the learned Sessions Judge, Mandi who assigned the case to the Court of learned Additional Sessions Judge, Mandi. Having found that a prima facie case was made out against the accused persons for offence under Section 20 of the Act, the learned Additional Sessions Judge, Mandi charged them for the aforesaid offence. The accused persons pleaded not guilty and claimed to be tried. In support of the prosecution case, the prosecution examined as many as ten witnesses. In the statements recorded under Section 313 Cr.P.C. the accused persons pleaded false implication. No defence evidence was adduced. After trial, the learned Additional Sessions Judge convicted and sentenced the accused persons as aforesaid.