Testimony of police officials can be sufficient for conviction in drug cases, even without independent witnesses, as long as found reliable and trustworthy.

JUDGMENT :

Tarlok Singh Chauhan, J.

The appellants were tried and thereafter convicted and sentenced to undergo rigorous imprisonment for a term of ten years alongwith fine of Rs. 1,00,000/- each for the commission of offence punishable under Section 20 of the ND&PS Act and in default of payment of fine they were further directed to undergo simple imprisonment for a period of one year each.

2. Aggrieved by the conviction and sentence as aforesaid, the appellants have filed the instant appeal.

3. Brief facts of the prosecution case are that on 19.12.2015, PW-11 I.O. Lokender Singh alongwith police officials, I.O. Kit and search light was present at place ‘Sandhil Mode’ NH- 21, in connection with patrolling and Nakabandi. At about 7:50 pm, one car bearing registration No. HP-34D-1669 came from Kullu side, which was signalled to stop by PW-8 C. Shashi Kumar. The driver of the said vehicle stopped the car on the left side of the road in which, one another person was also sitting on the front seat of the vehicle.

4. On inquiry, the driver of the vehicle disclosed his name as Kehar Singh son of Jiwa Nand r/o village Dalashani, P.O. Sachani, Tehsil and P.S.Bhunter, District Kullu, H.P. and the other person, who was sitting on the front seat of the vehicle disclosed his name as Paras Ram son of Jogi Ram r/o village Bayani, P.O. Panarsa, Tehsil Aut, District Mandi, H.P.

5. PW-11 Lokender Singh directed appellant No.1 Kehar Singh to get checked the vehicle and during checking one Pithu bag Ex.PB of brown colour was found lying near the gear liver of the car in between the driver seat and the front seat. The said Pithu bag was having two strips and on the outer side of the said bag (D) DIESEL was printed. The bag was checked and during checking one transparent polythene envelope/carry bag Ex.PC, one carry bag of white colour with printed flowers Ex.PE and transparent polythene wrappers Ex.PG were found. On opening of the carry bag, transparent polythene envelope, a black coloured substance in the shape of sticks, wrapped with transparent tape was found.

6. PW-7 HHC Baldev Singh was directed by the I.O. to bring some independent witness to the spot from nearby. Hukamnama was prepared but no independent witness could be found. Thereafter, PW-10 SI Pritam Singh and PW-7 HHC Baldev Singh were associated as witnesses by the I.O. in the investigation and said black coloured substance found in the carry bag, transparent polythene envelope was smelled, on the basis of experience it was found to be Charas (Cannabis). The recovered carry bag of Charas and recovered transparent polythene envelope were weighed on an electronic weighing scale, in transparent polythene envelope 3 Kg. 850 grams Charas Ex.PD, in the carry bag 3 Kg. 640 grams Charas Ex.PF, total 7 Kg. 490 grams Charas was found.

7. Thereafter, the aforesaid transparent polythene envelope containing Charas and carry bag containing Charas, were put in the same Pithu bag, which was also put in a cloth parcel Ex.PA, the parcel was sealed with seal impression 'T' at 9 places. NCB froms in triplicate were filled up by the I.O. on the spot, sealed cloth parcels containing Charas was taken into possession vide memo Ex.PW7/A. Seal impression 'T' was also embossed on the NCB forms in triplicate. Seal impression 'T' was taken on a separate piece of cloth and seal after its use was handed over to PW-10. PW7 HHC Baldev Singh clicked the photographs with his own mobile phone.

8. During investigation, car bearing registration No. HP- 34-D-1669 alongwith its documents, driving license and key was taken into possession vide memo Ex.P