Cri. Appeal No. 209 of 2012. Case: Schhida Nand and another Vs State of Himachal Pradesh. Himachal Pradesh High Court
| Case Number | Cri. Appeal No. 209 of 2012 |
| Counsel | For Appellant: Manoj Pathak, Adv. and For Respondents: Ashok Chaudhary, Addl. Adv. General, R. P. Singh, Asstt. Advocate General |
| Judges | Dev Darshan Sud, J. |
| Issue | Narcotic Drugs and Psychotropic Substances Act (61 of 1985) - Section 55 |
| Citation | 2013 CriLJ 4324 |
| Judgement Date | March 01, 2013 |
| Court | Himachal Pradesh High Court |
Judgment:
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The appellants challenge their conviction under Section 20 of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter referred to as 'NDPS Act'). They have been sentenced to undergo rigorous imprisonment of one year and fine of Rs.1,000/- each for possession of charas weighing 350 grams from first appellant-Sachhida Nand and 250 grams from second appellant-Meera Sharma.
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The prosecution case in brief is that on 28.3.2009 PW9 ASI Sh. Prem Chand along with PW1 H.C. Sh. Shashi Kumar, PW8 L.C. Sh. Meena and some other police officials were on patrolling duty at Fagu. At around 5.40 p.m., they were checking vehicles at random. One Mahindra Pick-up No HP 63-0490 was coming from Cheog proceeding towards Fagu. On seeing the police party, the occupants of the vehicle tried to run away but were intercepted by PW9 ASI Sh. Prem Chand. Accused Sachhida Nand was driving while accused Meera Sharma was seated. The police suspected that accused were in possession of some narcotic drugs/substances. From accused-Sachhida Nand one polythene envelop Ext.P13 was recovered which concealed in his shirt and below the belt of his pant. On examination, it was found containing charas Ext. P12. Accused Meera Sharma was wearing a jacket Ext.P-22 which on search by PW8 L.C. Sh. Meena was found to contain one polythene envelop Ext.P20 in the inner right pocket of the jacket. The charas was weighed and found to be containing 350 grams from first accused and 250 grams from second accused. This contraband on analysis by the Forensic Science Laboratory was certified to be charas. It is on this evidence that the learned trial Court convicted both the appellants to undergo rigorous imprisonment of one year each and fine as noticed.
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Learned counsel appearing for the appellants urges (a) that the prosecution has not been able to establish as to whether it was the sample which was seized from the accused was in fact was sent for analysis or not. He relies upon the prosecution evidence of PW6 H.C. Sh. Het Ram, who states that he handed over two sample parcels containing 25 grams of charas each to HHC Bhagwan Singh for being taken to Forensic Science Laboratory, Junga for chemical examination along with samples of seal 'P' and 'A', N.C.B. forms, recovery memo and copy of First Information Report. He proved on record the road certificate Ext.PW6/B. On 6.7.2009 H.C.Ravinder Singh (not produced as a witness) handed over two remaining sample parcels of...
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