Compliance with Section 42 of NDPS Act, while mandatory, does not nullify prosecution if the evidence is otherwise credible and reliable.

JUDGMENT

Jyotsna Rewal Dua, J. - Instant appeal has been preferred against the judgment dated 30.05.2017, passed by learned Special Judge-II (Additional Sessions Judge), Kullu, in Sessions Trial No.122 of 2014, arising out of FIR No.23 of 2014, dated 26.02.2014, whereunder accused who has been held guilty of possessing 950 grams charas recovered from vehicle and 6.750 Kg. charas recovered from his house, stands convicted for having committed offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'NDPS' Act in short), and has been sentenced to undergo rigorous imprisonment for a term of 10 years.

2. The prosecution case is that:-

2(i) On 26.03.2014, at around 6.30 p.m., a police party comprising of Sub Inspector Ramesh Prasher (PW-11), Sub Inspector Bhupender Pal (PW-5), HHC Harnam Singh (PW-6) and Constable Ranjeet Singh (PW-8), laid a Nakka at Seund, District Kullu. A Scorpio vehicle bearing registration No.HP-34- C-1685, being driven by the accused, coming from Manikaran side, was stopped by the Investigating Officer SI Ramesh Prasher (PW-11). Observing the accused as perplexed, the Investigating Officer SI Ramesh Prasher felt it necessary to search the vehicle.

2(ii) At the same time, an auto rickshaw bearing No.HP-05-0701, came from 'Sharsadi' towards Bhuntar side, being driven by Rajeev Kumar (PW-1). This auto rickshaw was stopped and its driver was associated as an independent witness along with SI Bhupender Pal (PW-5).

2(iii) Before conducting the search of the vehicle, the Investigating Officer gave his personal search vide memo Ext.PW-1/A, duly signed by two independent witnesses as well as the accused. During search, the diesel tank of the offending vehicle was found cut and covered with an iron plate topped with a mat and from the resultant space created therein, three packets wrapped with khakhi coloured cello tape were recovered. On opening these packets, black round shaped substance, wrapped in transparent polythene wrapper, was found. On detection, this substance was found to be charascannabis. The recovered charas, on being weighed, was found to be 950 grams.

2(iv) Recovered charas, along with wrappers, was put inside a cloth parcel. This parcel (Ext. PW-1/C), was sealed with six seal impressions of seal'T'. The sample of seal was taken on separate piece of cloth (Ext.PW-1/B.) The parcel was duly signed by the accused, SI Ramesh Prasher (PW-11) and the independent witnesses. NCB-I form in triplicate (Ext. PW-4/D) was filled. The seal was embossed on it and thereafter, it was handed over to Rajeev Kumar (PW-1). Spot map (Ext. PW-11/A) and Rukka (Ext. PW-8/A), prepared by the Investigating Officer, were handed over to Constable Ranjeet Singh (PW-8), along with NCB-1 form in triplicate, the sample seal and the case property, for submitting the same to Police Station State CID, Bharari, District Shimla.

2(v) The accused in police custody was interrogated by SI Ramesh Prasher (PW-11). During interrogation, the accused made a disclosure statement (Ext. PW-1/D) under Section 27 of the Indian EVIDENCE ACT to the effect that he had also kept charas in his home at Hathithan which is exclusively within his knowledge and he can get it recovered by identifying the place where the same has been kept. The disclosure statement was recorded in presence of PW-1 Rajiv Kumar, PW-5 SI Bhupender Pal. This information was conveyed by the Investigating Officer PW-11 SI Ramesh Prasher through his cell phone to Deputy Superintendent of Police, CID Mandi, Manohar Lal (PW-10). The Deputy Superintendent of Police, Manohar L