JUDGMENT :

The instant appeal has been preferred by the appellant/accused/convict (hereinafter referred to as “the accused”) laying challenge to judgment dated 03.03.2017, rendered by learned Special Judge-II, Chamba, District Chamba, H.P, in NDPS Act Sessions Trial Computer Registered No. 4/2014), whereby the accused was convicted.

2. Tersely, the facts of the case, leaving the fiddling details, are summarized as under:-

On 23.11.2013, a police team had laid a nakka for traffic checking at Bonkhari Mod. For checking, police stopped HRTC bus, having registration No. HP 73 1394, and when ASI Madan Lal, during checking, reached near seat No. 16, the person sitting on seat No. 16 turned perplexed and hesitated in getting his luggage checked. The police had suspicion that the passenger sitting on seat No. 16 might be carrying some contraband, so Driver, Conductor of the bus and passenger sitting on seat No. 15 were associated as independent witnesses. In presence of the independent witnesses, the aforesaid person disclosed his name as Uttam Chand (accused herein). The accused opted to be searched by the police officials, so before taking personal as well as search of the bag of the accused, police officials gave their personal search to the accused. Thereafter, police searched the bag of the accused and found two polythene bags wrapped in a towel. The polythene bags were found stuffed with stick shaped substance and it was charas. On weighment, the contraband was found to be 800 grams. Thereafter, the police completed all the codal formalities. Recovered contraband was put in the same polythene bags and sealed in a piece of cloth with four seals, having impressions ‘K’. NCB forms, in triplicate, were filled in and facsimile seal ‘K’ was embossed upon the NCB forms. Sample seal was taken on a separate piece of cloth and the seal after its use was handed over to witness Sh. Navjivan Singh. Recovery memo was prepared and rukka was sent to Police Station, Dalhousie, whereupon FIR was registered. Police prepared the spot map and green color bag, towel and the bus ticket were taken into possession. Police recorded the statements of the witnesses and the accused was arrested. Prior to arrest of the accused, his personal search was conducted and after his arrest, he was medically examined at CHC Banikhet. Case property was handed over to SHO, Police Station Dalhousie for resealing and SHO Sher Singh resealed the parcel with two seals, having impression ‘T’ and sample seal was taken on a piece of cloth and the seal, after its use, was handed over to HC Deepak Kumar. SHO Sher Singh filled columns No. 9 to 11 of the NCB forms and sample seal was also drawn on the NCB forms. The case property was handed over to MHC Deepak Kumar, who deposited the same in the Malkhana and an entry qua the same was made at Sr. No. 117 in register No. 19. Subsequently, MHC Deepak Kumar handed over the sealed parcel, alongwith sample seal, seizure memo, reseal memo and NCB forms in triplicate, to HHC Jagdish Chand, for depositing the same in FSL, Junga, for chemical analysis, who, after depositing the same handed over the RC to MHC Deepak Kumar. On 25.11.2013 ASI Madan Lal, through LHC Kusam Lata, sent a special report to Superintendent of Police, Chamba. Thereafter, ASI Madan Lal recorded the statements of the witnesses and on 13.12.2013 HHC Amrik Singh received a report from FSL, Junga, alongwith the case property, which was handed over to MHC on 16.12.2013. As per the chemical analysis, the recovered substance from the accused was opined to be cannabis and the quantity of resin found therein was 20.21% w/w. After completion of investigation, challan was prepared and presented in the learned Trial Court.

3. The learned Trial Court, vide impugned judgment dated 03.03.2017 convicted the accused and sentenced him to undergo rigorous imprisonment for a period of six years and also to pay fine of Rs. 10,000/- for the commission of the offence punishable under Section 20