ASHWANI KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) The instant appeal is directed against the judgment rendered, on 19.2.2018, by the learned Special Judge-II, Kangra at Dharamshala, District Kangra (H.P. upon, Sessions case No. 75-N/VII/2016, and, where through(s), the accused became convicted, for, a charge, drawn under Sections 15 and 20, of, the Narcotic and Psychotropic Substances Act, and, also consequent therewith sentence of rigorous imprisonment, extending, for a period of 10 years, and, also a fine of Rs. 1,00,000/- became imposed, upon him, and, in default, of, payment of fine, he stood further sentenced to undergo rigorous imprisonment for a period of two years. The convict is also sentenced to undergo rigorous imprisonment extending for a period of one year, and, is further sentenced to pay a fine of Rs. 10,000/-, and in default of payment of fine, he stood further sentenced, to, undergo rigorous imprisonment, extending for a period of two months, for, commission of offence(s) punishable under Section 15, of, the Narcotic Drugs and Psychotropic Substances Act.

(2.) Brief facts of the case, are, that on 14.3.2016, at about 6:10 PM, a police party headed by SI Mast Ram, Incharge, Police Post, Kandwal was on patrolling alongwith other police officials near MKM School, Bhadroya. The appellant, on noticing, the police party coming towards him got perplexed, and at once tried, to pull down the shutter of his shop. He was apprehended by the police. On having suspicion of contraband with the appellant and in his grocery shop two independent witnesses Suresh Kumar and Arun Katoch were called telephonically. Notice under Section 50 of NDPS Act was given to him and personal search of the accused was conducted. No incriminating article was recovered on his personal search. Thereafter, the grocery shop of the appellant was searched in the presence of the witnesses. During the search of the shop one plastic bag containing 1 kg and 200 gm of Charas was recovered from the counter and one plastic bag containing 4 kg 640 gm poppy straw was recovered which was kept alongwith the grocery items. The charas and poppy straw was sealed in separate cloth parcels with seven seals of seal impression "D". NCB form in triplicate was filled in and the seal after use was handed over to witness Arun Katoch. The charas and poppy straw were taken into possession vide separate memo. Rukka was sent to the Police station through HHC Parvinder Kumar upon investigation, Investigating Officer prepared the spot map and recorded the statements of the witnesses. The appellant was arrested. Case property was produced before the SHO, Police Station, Nurpur for resealing, who resealed the same with three seals of seal impression "K" and filled in the relevant columns of NCB form. Case property was sent to Forensic Science Laboratory for chemical analysis. On receipt of FSL report, samples were found to be that of charas and poppy straw. After completion of investigation challan was prepared under Section 173 of Cr. P.C. and presented in the Court of Special Judge (II) Kangra at Dharamshala, Distt. Kangra, HP for judicial verdict.

(3.) On an appraisal of evidence on record, the learned trial Court, recorded findings, of, conviction against the accused/appellant herein.