Hon'ble Judges/Coram:
Sanjay Karol and Chander Bhusan Barowalia JUDGMENT
Chander Bhusan Barowalia, J.
1. The present appeal is maintained by the appellant/accused/convict (hereinafter referred to as "the accused"), laying challenge to judgment dated 12.7.2017, passed by learned Special Judge-II, Kinnaur at Rampur Bushehar, H.P., in Sessions Trial No. 1-R/3 of 2014/16, whereby the accused was convicted for the commission of the offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act").
2. The key facts necessary for adjudication of this appeal can tersely be summarized as under:
On 2.2.2014 at about 4:15 PM near Bhangidwar on Chawai road, District Kullu, accused was found in exclusive and conscious possession of 1.600 Kg. of charas, when PW-9, SI Bhag Singh alongwith other police officials were traveling in official vehicle bearing No. HP34A-3830, on routine patrolling duty. At that time, accused came from Chawai side and was going towards Anni, he was holding a bag of green colour in his right hand, when he noticed the police party, he got perplexed and turned back. Thereafter, he was apprehended by the police party and on inquiry, he disclosed his name, as Neer-accused. Investigating Officer, got suspicion regarding the possession of narcotic substance and on asking about the contents of bag, he could not give any satisfactory explanation. The accused was apprised of his legal right to be searched either in the presence of Magistrate or any Gazetted Officer, vide memo Ex. PW7/A, however, the accused consented that he wants to give search to the police party on the spot. The place was secluded and no independent witness was available, so PW-9, Bhag Singh, was directed to bring independent witness from Chawai side, but he returned back after 20 minutes, but no independent witness could be found. Thereafter, PW-9, Investigating Officer, Bhag Singh, associated PW-7, HC Anoop Ram and PW-8 HHC Pritam Singh, both official witnesses gave personal search to the accused, vide memo Ex. PW7/B, but nothing incriminating was recovered in his possession. Thereafter, the bag of the accused, in which words 'Gagan Basmati Rice' was scribed, was checked. After opening the zip of bag Ex. PB, black colored substance was found in two transparent polythene bags Ex. PC and Ex. PD, which were wrapped with cello tape. The back colored substance was in the shape of balls and on checking, it was found to be charas. It was weighed and found to be 1.600 Kg charas. The recovered charas alongwith carry bag was put into a cloth parcel Ex. PA and cloth parcel was sealed with six seal impressions of 'O' and seal impression 'O was also taken on separate piece of cloth Ex. PW7/C. Thereafter, Investigating Officer, filled NCB form Ex. PW3/C, in triplicate and sample of seal was also drawn on NCB form. The entire contraband alongwith sample seal and NCB form was taken into possession, vide memo Ex. PW7/D. Thereafter, Investigating Officer, Bhag Singh (PW-9) prepared rukka Ex. PW6/A and sent to Police Station, Anni through PW-6, Constable Prittam Singh and after receipt of rukka in the Police Station, on the basis of which, FIR Ex. PW6/B was registered. Investigating Officer, Bhag Singh (PW-9) prepared site plan Ex. PW9/A, recorded the statement of witnesses and arrested the accused, vide memo Ex. PW9/B. Thereafter, Investigating Officer, produced the accused alongwith case property to PW-6, Rohit Mrigpuri, who resealed the parcel with three seal impression of 'X'. However, in the relevant column in NCB form and impression of seal 'X' was also taken on separate piece of cloth Ex. PW6/C and thereafter, he deposited the entire case property alongwith sample seals and NCB form in Malkahana Incharge, PW-3, MHC, Pushap Raj. On 3.2.2012, MHC, Pushap Raj, handed o........