Point of Law: Where the search and seizure was made from the vehicle used, by way of chance recovery from public road, the provisions of Section 43 of the NDPS Act would apply.

JUDGMENT :

Satyen Vaidya, J.

By way of instant appeal, appellant has assailed judgment of conviction and sentence order dated 20.6.2018, passed by the learned Special Judge-I, Una, District Una, H.P, in Sessions Case No. 54 of 2016, whereby appellant has been convicted and sentenced under Sections 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and Section 181 of Motor Vehicles Act, as under:

2. The prosecution case in a nut-shell was that during intervening night of 11th and 12th August, 2016, a ‘Nakka’ was laid by police officials of Police Station, Chintpurni, District Una, H.P. at place Bharwain. SI/SHO, Bhup Singh (PW-9), ASI Amrik Singh (PW-11) and HHG, Shokeen Muhammad were on ‘Nakka’ duty. These officials were also joined by SI Ankush Dogra (PW-8) and SI Hashim Ali (PW-10), officials of Special Investigation Unit (for short, ‘SIU’), Una.

3. At about 4.25 AM a Car bearing registration No. HP-33D-5887 was stopped for checking. Appellant was on the wheel. He got perplexed on noticing the presence of police. Suspicion was entertained and a search of the car was conducted by PW-10 SI Hashim Ali. A backpack was found lying adjacent to the driver’s seat. It was checked and another polythene bag was found inside containing charas weighing 1 kg 700 grams. The recovered substance was repacked in the same manner in polythene bag and the backpack and thereafter was sealed in a cloth parcel with 8 seals having impression ‘M’. Relevant columns of ‘NCB’ forms were filled on spot by PW-10. The sealed parcel containing contraband, NCB forms, vehicle along with its documents and key were seized vide Seizure Memo Ext. PW-8/A. ‘Rukka’ Ext. PW-10/B was prepared and sent to Police Station through PW-11, ASI Amrik Singh. FIR Ext. PW-13/A was registered. The Investigating Officer prepared the spot map. Appellant was formally arrested vide Arrest Memo Ext. PW-10/F.

4. After completion of spot investigation, the case property alongwith NCB form, sample seal and the appellant were produced before SHO, Police Station, Chintpurni by PW-10 SI Hashim Ali. The parcel containing contraband was re-sealed with 5 seals of impression ‘I’. Relevant columns of NCB form were filled. Seal impressions were embossed on NCB form. Facsimile of seal impression was separately preserved and the case property was handed over to PW-5, HC Ravi Kumar No. 61 for safe deposit in the ‘Malkhana’ of the Police Station.

5. On 13.8.2016, special report under Section 57 of the Act was prepared by PW-10 and was sent to SDPO Amb through PW-2 LC Reena Kumari, which was received by SDPO Amb and handed over to PW-6 HC Ashwani Kumar No. 48 for records.

6. Investigation also revealed that Car bearing No HP-33D -5887 was owned by one Parmanand, who was also arrayed as an accused. On 15.8.2016, PW-4 HHC Gopal Singh No. 354 delivered the contraband at State Forensic Science Laboratory (SFSL) Junga for examination. The examination report prepared by SFSL Junga Ext. PW-10/H confirmed the sample to be the extract of cannabis and sample of Charas.

7. After completion of investigation, challan was filed. Prosecution examination total 14 witnesses. Appellant was examined under Section 313 Cr.P.C. No evidence in defence was offered by the appellant.

8. On conclusion of trial, appellant was convicted and sentenced, as noticed above, whereas the co-accused Parmanand was acquitted.

9. We have heard learned counsel for the parties and have also gone through the record carefully.

10. PW-8 SI Ankush Dogra, PW-9 SI Bhup Singh, PW- 10 SI Hashim Ali, PW-11 SI Amr