Point of Law: It was also held that they were not inexorable rules as there could be circumstances in which it may not be possible for the seizing officer to prepare the mahazar at the spot, if it is a chance recovery, where the officer may not have the facility to prepare the seizure mahazar at the spot itself.

JUDGMENT :

All these appeals have arisen out of same judgment and also entail common questions of facts and law, therefore, these appeals are being decided by a common judgment.

2. The appellants by way of instant appeals have assailed judgment and sentence dated 20.12.2016 passed by learned Additional Sessions (Special) Judge, Kullu in Sessions trial No. 32 of 2015, , whereby, appellants have been convicted for commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short “the Act”) and each of them has been sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. one lakh and in default of payment of fine to further undergo simple imprisonment for one year.

3. Noticeably, before the learned Special Judge, all the appellants had taken a common defence of general denial and were represented by a common counsel(s).

4. Brief facts, on which the case of the prosecution rested, are as under:-

4.1 On 26.03.2015 at about 9.30 P.M., a police party including H.C. Vinay Kumar (PW-6), HHC Neel Chand, C. Vijay Kumar (PW-5) along with driver H.C. Khub Ram left Police Station Bhuntar, District Kullu along with I.O. Kit, search light and electronic scale for laying a Naka at place Seund on Bhuntar-Manikaran road. Naka was accordingly laid.

4.2 At about 3.10 A.M. a vehicle, approaching from Manikaran side, which was stopped by the police party. Vehicle was white coloured ‘Innova’ with DL-IVB-2778 as its registration number.

4.3 Appellant Kimti Lal was the driver and appellants Sandeep Kumar and Om Prakash were occupants of the rear seat of the vehicle. Driver of the vehicle could not produce the documents of the vehicle.

4.4 The Police party noticed red coloured bag concealed on the rear seat between appellants Sandeep Kumar and Om Prakash. H.C. Vinay Kumar (PW6), checked the said bag with the help of search light in the presence of other police officials accompanying him and found rectangular shaped black coloured substance wrapped in polythene packets.

4.5 Independent witnesses could not be associated due to the fact that the place of ‘Naka’ was secluded and also no vehicle crossed the spot at relevant time. Constable Vijay Kumar (PW-5) and HHC Neel Chand were associated as witnesses.

4.6 The substance found in the bag was discovered to be ‘charas’ on the basis of smell and experience. Recovered ‘charas’ was weighed as 2.250 kilograms. The contraband was again placed in the same bag from which it was recovered and the bag containing ‘charas’ was placed in a cloth parcel and sealed with nine seals having impression “K”. Facsimile of seal impression was preserved on a separate piece of cloth.

4.7 Sealed parcel contained recovered contraband along with vehicle, keys, photo copies of its documents, driving licence of the driver and sample seal were seized vide seizure memo Ex.PW5/B. NCB form, Ex.PW4/A was filled by PW-6

4.8 A brown coloured paper envelope containing driving licence of appellant Kimti Lal and photo copies of registration certificate and insurance cover of the vehicle was also found from the same bag that contained ‘charas’.

4.9 RUKKA, Ex.PW6/A was prepared and sent through C. Vijay Kumar (PW-5) to the police station for registration of FIR. Accordingly, FIR Ex.PW7/A was registered at 5.40 A.M in the police station. The file was sent back to the spot for further investigation. Appellants were formerly arrested at about 7.30 A.M. on the spot. PW-6 H.C. Vinay Kumar prepared site plan Ex.PW6/B and forwarded the case property along with relevant documents to the SHO/SI Bhag Chand (PW7).

4.10 The contraband was resealed by PW-7 SI Bhag Chand at police station Bhuntar with three seals having impression “U”. The remaining part of NCB form Ex.PW4/A was filled and completed by PW7. The case property along with relevant documents was handed over to MHC Gian Chand