JUDGMENT Sureshwar Thakur, J. - Since, both Cr. Appeal No. 577 of 2019, and, Cr. Appeal No. 588 of 2019, are, directed against a common verdict, hence, rendered on 23.7.2019, upon, Session Trial No. 10 of 2016, by the learned Special Judge (1) Mandi, District Mandi, H.P., wherethrough, vis-a-vis, a charge(s) drawn under Section 20, of, the Narcotic Drugs, and, Psychotropic Substances Act, 1985, against, (one Bali Ram, and, against one Tharwan Lal), both through the afore common verdict, become convicted, thereupon both the afore appeals, are amenable, for, a common verdict becoming rendered thereon. 2. In pursuance to both the afore accused becoming convicted, for, the afore drawn charges, they became hence sentenced, to, undergo rigorous imprisonment, extending upto 10 years, and, also both became imposed, a, fine of Rs. 1,00,000/- each, and, in default(s) of payment of fine, both the convicts, were directed, to, further undergo simple imprisonment extendable upto a period of one year each. The period of detention undergone by both, during investigation(s), and, trial of case, was ordered to be set off, from, the afore imposed sentences, of imprisonment upon both, the afore accused, also obviously, upon, theirs becoming aggrieved, from the afore imposed sentences, upon them, hence they cast challenge thereon(s), through theirs instituting the afore appeals, before this Court. 3. The police party, during the course of theirs performing the duty of checking traffic, on 4.12.2015, at place Nagchala, National Highway-21, hence in front of Panchayat Ghar, ingressed into bus, bearing registration No. PB-12-Q-9965, for, carrying inspections thereof. The passengers, as, borne thereon, were, for facilitating the checking(s), of, the afore bus, hence, asked to keep their luggage with them. However, during course thereof, PW-12, noticed that one rucksack bag, of, red, and, gray colour, hence occurring above seat Nos. 37 and 38, rather remaining un-picked, by any of the passengers, sitting inside the bus. He also noticed that, on seat No. 37, and, on seat No. 38, one Bali Ram, and, one Tharwan Lal, hence sitting, under the rack, and, on seeing the police, theirs becoming perplexed, hence arousing suspicion, of, the police party, (a) whereupon they were asked, about theirs holding knowledge, vis-a-vis, their respective inter-se identities, and, upon theirs feigning knowledge, vis-a-vis, their respective identities, hence constraining the Conductor of the bus, namely Harpreet Singh, PW-7, to, disclose to the police officials, qua, theirs traveling, under, a common ticket.
Consequently, the afore factum aroused further suspicion, of the police, and, both the accused, were asked to alight the bus, and, were taken to near Panchayat Bhawan, hence occurring in the vicinity, of, the site of occurrence, and upon search being made, of, bag Ext. P-7, by the Investigating Officer, the latter through memo borne in Ext. PW-7/B, hence therethrough, effectuated recovery of, the, therewithin carried charas, weighing 2 kg, 520g. Both the accused appended their signatures upon Ext. PW-7/B, and, also thereon(s), the two associated thereto independent witnesses, appended their respective signatures. Since the recovery of contraband, borne in Ext. P-8, was, not effectuated, from any personal search(s), of any accused, being made by the Investigating Officer concerned, and, rather when the recovery of contraband, borne in Ext. P-8, became effectuated, in the afore alluded manner, thereupon no mandatory statutory obligation became cast hence upon, the Investigating Officer concerned to, prior thereto, seek the consent, of, the accused, for their personal search(s), being made by him. Moreover through Ext. PW-7/B, Ext. P-3 Adhar Card, and, Ext. P-4, Voter Card, respectively appertaining to accused No.1, and, to accused No. 2, became effectuated, from the afore red colour bag, as, borne in Ext. PW-7/B. Also a reading of Ext. PW-7/B discloses, vis-a-vis, subsequent to the recovery therefrom, of, contraband, hence weighing 2.520g, becoming effectuated, the afore recovered contraband becaming re-packed, in the same cloth bag, and, thereafter it became put into the same rucksack bag, and, became sealed in a separate cloth parcel, whereons 14 seal impressions, each carrying thereins, english alphabet V , became embossed. PW-12, at the site of seizure, also filled up NCB form, borne in Ext. PW-1/E, whereins occur reflections hence carrying graphic analogity with the afore reflections, as cast in Ext. PW7/B. Further, through Ext. PW-7/B, the recovery, of, the Identity Card, and, of, the Aadhar Card, of, both accused, and, borne respectively, in, Ext. P-3, and, Ext. P-4, became effectuated, and, hence constrained the Investigating Officer, to, insert, both, in, a cloth parcel, and, thereons 6 seal impressions, each carrying english alphabet V , became embossed. Consonant therewith, formal FIR, as became registered with the police station concerned, is, comprised in Ext. PW-1/B. 4.
P-3, and, Ext. P-4, became effectuated, and, hence constrained the Investigating Officer, to, insert, both, in, a cloth parcel, and, thereons 6 seal impressions, each carrying english alphabet V , became embossed. Consonant therewith, formal FIR, as became registered with the police station concerned, is, comprised in Ext. PW-1/B. 4. The case property became transmitted to the SHO of the police station concerned, and, the latter, after verifying the afore seals, as, carried upon the apposite cloth parcel, re-sealed, the parcel carrying therewithin, the seized contraband, hence with 6 re-seal seal impressions, each carrying thereon(s) english alphabet S . The afore observations, become borne in, the, re-sealing certificate, comprised in Ext. PW-1/F. Subsequent to the drawing of Ext. PW-1/F, the SHO concerned, deposited the seized case property, before the in-charge of the Malkhana concerned. A reading of the abstract, of the Malkhana, as, becomes enclosed in Ext. PW-4/F, makes display, vis-a-vis, there occurring interse compatibility, inter-se, the initially made seal impressions, at the site of occurrence, upon, the apposite cloth parcel, and, also, the vis-a-vis, the reseal, seal impressions, as, made thereons, by the SHO concerned, hence both in respect of numbers thereof, and, also in respect of, the, english alphabets, hence scribed on each of them. 5. Through road certificate, borne in Ext. PW9/B, the case property, stood transmitted, to the FSL concerned, and, upon, the contents, of, the afore apposite cloth parcels, becoming examined thereat, by the Chemical Examiner hence working thereat, (i) conspicuously, as apparent, on a reading of Ex. PA, he made, an opinion, vis-a-vis, the charas, as became enclosed, in the cloth parcel concerned, after becoming retrieved therefrom, for, its analysis, hence holding the apposite substance/resin, whereupon the seized contraband, became declared, as Charas. Apart from the above, for, the purpose of determining, the, potency, of, existence(s), of, the afore alluded synchronization(s), and, compatibilities, vis-a-vis, the afore prima donna factum probandum, the, extraction of paragraph No. 7 of Ex. PA, is, imperative, paragraph whereof, reads, as under:- 7. Description of parcel: One sealed cloth parcel bearing fourteen seals of V and six seals of S . The seals were found intact and tallied with specimen seals sent by the forwarding authority and seals impressions impressed on the forms NCB-1. The parcel was kept in safe custody of the Assistant Chemical Examiner till the report of the same was signed & dispatched.
The seals were found intact and tallied with specimen seals sent by the forwarding authority and seals impressions impressed on the forms NCB-1. The parcel was kept in safe custody of the Assistant Chemical Examiner till the report of the same was signed & dispatched. A perusal thereof, underscores, vis-a-vis, upon, receipt of the apposite cloth parcel, at the laboratory concerned, its hence carrying thereon(s) completest analogus descriptions, appertaining, to the number(s) of seal impressions, and also, to, re-seal, seal impressions, and, also, vis-a-vis, the, respectively made English Alaphabet(s) thereons, and, besides all afores rather bearing synchronization(s), vis-a-vis, the description(s) as made qua therewith, in Ext. PW-9/B, and, in the apposite NCB form, borne in Ext. PW-1/E. Furthermore, the effect(s), of, existence(s), of, the afore congruities, and, compatibilities, and, as become unfolded, through a reading, of, paragraph No.7, of, Ex. PA, is, qua an unflinching conclusion, becoming aroused, vis-a-vis, the case property, travelling from the Malkhana, of the Police Station concerned, upto, the FSL concerned, in an untampered condition. Moreover, a perusal of Ext. PA, underscores, vis-a-vis, the chemical analyst concerned, after re-enclosing, in the cloth parcel(s), the relevant contraband(s), after his making analysis thereof, his embossing thereons, seals of the FSL concerned, and, his returning them, to the Malkahana, hence, existing at the police station concerned. It was from the Malkhana, of, the police station concerned, that the case property(ies), became produced, before the learned trial court concerned. 6. Be that as it may, even at the stage contemporaneous, to the production, of, the case property, in court, thereat also, it enjoined, qua its carrying, all the afore alluded apposite analogities, and, similarities, and, in case, in contemporaneity, vis-a-vis, the production, of, the case property, before the learned trial court, the afore analogities, and, similarities, remained cogently proven, to, be intact, thereupon, this Court, would become coaxed, to conclude, that the prosecution, has been able to prove the guilt of the accused, beyond all reasonable doubts. 7. For fathoming, the afore factum, a reading of the court observations, as, made by the learned trial Court, during, the course, of, the recording, of, examination-in-chief of PW-7, is imperative, and, Court observations whereof, are, extracted hereinafter:- At this stage, the Ld.
7. For fathoming, the afore factum, a reading of the court observations, as, made by the learned trial Court, during, the course, of, the recording, of, examination-in-chief of PW-7, is imperative, and, Court observations whereof, are, extracted hereinafter:- At this stage, the Ld. P.P., produced two sealed parcels, one sealed with seal V at 6 places and another sealed with seal V at 14 places, seal S at six places and 4 seals of F.S.L. The seals are found intact. The Ld. P.P. prayed to open the parcel, which is considered and allowed. On opening the parcel Ex. P1 which is signed by me as a witness, it was found containing a polythene wrapper Ex. P2 and Adhhar card Ex. P3 and voter card Ex. P4, which are the same as recovered from the accused on the spot and were taken into possession in the parcel Ex. P1 vide recovery memo Ex. PW7/B. On opening the second parcel Ex P5, which is also signed by me as a witness, the Ld. P.P., prayed to open the parcel, which is considered and allowed. On opening the parcel Ex. P5, Pithu bag Ex. P6 came out. On opening the Pithu bag, a read colour carry bag Ex P7 without knot was taken out, it was found containing charas/Bhang Ex P8 along with Polythene wrappers Ex. P9, which are the same as recovered form the accused persons on the spot. A reading whereof, makes palpable disclosure(s), vis-a-vis, the initially made seals impressions, on the cloth parcel, hence appertaining, to, number(s) thereof, and, also appertaining, to, English Alphabets, made thereon(s), (a) and, besides makes graphic underscorings qua re-seal, seal impressions, made thereon(s), by the SHO concerned, both in respect of numbers thereof, and, also in respect of English Alphabet(s), as, made thereon(s), (b) and, in addition, the, re-seal, seal impressions, of the FSL concerned, as made thereon, rather with the completest inter-se comonalit(ies) hence becoming found existing thereon(s), (c) and, also all the seals, being found, to, be untampered, and, intact. The afore made court observations, remained uncontested, by the learned defence counsel, inasmuch, he did not object, to, the veracity of the afore made court observations.
The afore made court observations, remained uncontested, by the learned defence counsel, inasmuch, he did not object, to, the veracity of the afore made court observations. Consequently, the learned counsel, appearing for the appellant, cannot contend, that either all the afore apposite analogities and compatibilities, not existing in contemporaneity, vis-a-vis, the production, of, the case property in court, (c) and, nor also can contend, vis-a-vis, the apposite seal impressions or reseal, seal impressions, being tampered, (d) especially when the learned trial court has made observations, vis-a-vis, theirs being untampered, and, intact. The sequel thereof, is, vis-a-vis, the imperative link, as, commencing, from the recovery of the contraband, as, made, from the exclusive, and, conscious possession, of, the accused, at the site of occurrence, hence through seizure memo borne in Ext. PW-7/B, remaining alive, and, subsisting even during the course, of, production, of, the case property in court, thereupon, the charge becoming invincibly proven against the accused. Conspicuously, also when unchallenged signatures of the accused exist on the afore exhibits. 8. Since both the independent witnesses, as, become associated, in the relevant proceedings, at the site of occurrence, completely supported the prosecution case, thereupon the charge against the accused, hence becomes cogently proven. Moreover, the afores also do not dispute the existence(s), of, their respective signatures, on the sealed cloth parcels, besides when a perusal of the recovery memo, borne in Ext. PW-7/B, makes vivid echoings, qua, Aadhar Card Ext. P-3, and, Voter Card, Ext. P-4, rather respectively appertaining to the identities of the accused, also becoming recovered, from bag Ext. P-7, rather wherefrom the incriminatory contraband, Ext. PW-8, also became recovered, (i) thereupon bag Ext. P-7, wherefrom the recovery of contraband became effectuated, is to be construed, to be in the exclusive ownership, and, possession of both, the accused, and also, concomitantly both the accused are to be concluded to hold conscious, and, exclusive possession, also of charas, as became enclosed therewithins. 9. For the reasons which have been recorded hereinabove, this Court holds that the learned trial Court has appraised the entire evidence, on record, in a wholesome and harmonious manner, and, the analysis thereof, by the learned trial Court, hence does not suffer, from, any perversity or absurdity of misappreciation and non-appreciation, of evidence, on record. 10. Consequently, there is no merit in the extant appeals, and, the same are dismissed accordingly.
10. Consequently, there is no merit in the extant appeals, and, the same are dismissed accordingly. The judgment impugned before this Court is maintained and affirmed. All pending applications also stand disposed of. The records be sent down forthwith.