Criminal Appeal No. 490 of 2016. Case: Jog Raj Vs State of Himachal Pradesh. Himachal Pradesh High Court

Case NumberCriminal Appeal No. 490 of 2016
Party NameJog Raj Vs State of Himachal Pradesh
CounselFor Appellant: Mr. Anoop Chitkara, Advocate and For Respondents: Mr. V. S. Chauhan, Additional Advocate General with Mr. Vikram Thakur, Deputy Advocate General
JudgesMr. Ajay Mohan Goel, J
IssueNarcotic Drugs and Psychotropic Substances Act, 1985 - Section 20
Judgement DateApril 18, 2017
CourtHimachal Pradesh High Court

Judgment:

Sanjay Karol, J.

1. Trial Court found the prosecution case of recovery of 3 k.g. & 600 grams of charas, from the conscious and exclusive possession of accused Jog Raj, to have been proven through the testimonies of police officials namely HC Soni Ram (PW-3), HC Ashok Kumar (PW-6) and SI Arjun Singh (PW-8), despite independent witnesses Sumit Kumar (PW-1) and Sandeep Vyas (PW-2) not having supported its case.

2. In relation to FIR No. 34/2013, dated 29.10.2013, registered at Police Station State CID Bharari, Shimla, accused was charged for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). In terms of the impugned judgment, he stands convicted and sentenced to serve imprisonment as also pay fine.

3. The incident relates back to 29.10.2013, when police received a secret information about the accused carrying the contraband substance. Such information, so received by PW-8, was communicated to the superior officer, through PW-3. By associating independent witnesses PW-1 and PW-2, the Investigating Officer PW-8, in the presence of PW-6, intercepted the accused at Ghughar- Tanda Pakhdandi, Tehsil Palampur, District Kangra and recovered the contraband substance. Ruka (Ext. PW-8/C), so carried by PW-6, led to the registration of F.I.R. (Ext.PW- 9/A) by Inspector Varinder Chauhan (PW-9). With the completion of proceedings on the spot, the contraband substance was kept in the maalkhana and sent through HC Sahi Ram (PW-7) for chemical analysis. Report of the chemical analyst (Ext.PW-8/H) was obtained and taken on record. Also information was sent to the superior officer, through HHC Manoj Kumar (PW-4) so received by HHC Ravinder Kumar (PW-5). This, in effect, is the prosecution case.

4. Having heard learned counsel for the parties as also perused the record, this Court is in full agreement with the decision of conviction and sentence so passed by the trial Court.

5. SI Arjun Singh (PW-8), the Investigating Officer, has testified in Court that on 29.10.2013, during the course of his patrol duty at bus stand Palampur, at about 5.00 p.m., he received a secret information that one Jog Raj resident of Paddar, District Mandi, who is wearing a pink shirt and blue jeans is proceeding towards Ghughar-Tanda Pakhdandi from bye-pass road Palampur. In the black coloured bag so carried by him there may be charas. Such information...

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