HARI SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant hereinafter referred as 'the accused' has laid challenge in this appeal against his conviction passed by the learned trial Court in Sessions trial No. 12 of 2010, decided on 19.8.2011, for the offences punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act' whereby he has been sentenced to undergo rigorous imprisonment for a period of six years and to pay a fine of Rs.60,000/-and in default of payment of fine to further undergo imprisonment for a period of six months. The period of detention of the accused during trial and investigation was ordered to be set-off under Section 428 of the Code of Criminal Procedure.

(2.) In short, prosecution story can be stated thus. On 26.12.2009, police party headed by PW7 SI Tilak Raj consisting of ASI Naresh Chand, PW6 HHC Ajay Kumar and Constable Raj Kumar proceeded towards village Dobhi in the area falling under the jurisdiction of police Station Manali District Kullu, H.P. When police party reached one kilometer ahead of Dobhi, around 11 a.m., they noticed accused coming from the side of 'Mehal Bhujnu' with a rucksack on his back. On seeing the police, he got perplexed and tried to escape which raised suspicion. Accordingly he was apprehended. His identify was asked. No independent witness was available as the place was secluded one. Thus PW7 SI Tilak Raj associated ASI Naresh Chand and PW6 Ajay Kumar as witnesses and informed the accused of his legal right to be searched either before a gazetted officer or the Magistrate orally as well as in writing to satisfy the provision of Section 50 of the Act.

(3.) To prove its case, prosecution examined its witnesses and respondent was also examined under Section 313 of the Code of Criminal Procedure. When called upon to enter into his defence no evidence in defence was led.