VED PARKASH Vs. STATE OF H P

JUDGEMENT

(1.) In the present appeal, the judgment of conviction and sentence passed by the learned trial Court in Sessions Trial No. 1 of 2011 has been challenged by the appellant for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short "the Act', whereby the appellant, hereinafter referred to as 'the accused' has been ordered to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs. 30,000/- and in default of payment of fine to further undergo simple imprisonment for a period 6 months for allegedly keeping in his possession 372 grams of charas in the recovered stuff of 1.500 kilograms.

(2.) The prosecution story unfolded against the accused can be stated thus. On 2.11.2010 at about 5 p.m. PW9 ASI Ram Lal of police station Banjar was heading police patrol party consisting of PW7 H.H.C. Hem Raj, HHC Mohar Singh and Home Guard Hem Raj. While on their way to new bus stand Banjar, accused was noticed sitting on a bench holding a bag in his hand. He, on seeing police, tried to escape towards the office of HRTC but police getting suspicious, apprehended him. PW1 Kartar Kaushal and PW8 Jawahar Lal were included independent witnesses who happened to be present there. The identity of the accused was ascertained. On checking his bag it contained a yellow bag (Ext. P4) inside. It was having ball- shaped 1.500 kilograms stuff (Ext. P5). The entire stuff was re-packed in the same manner and made into a parcel and separate parcel of bag was also made. Both these parcels were sealed with seal impression "T" at six places. Its sample was also taken on a separate piece of cloth Ext. PW1/B. NCB forms in triplicate were also filled-in on the spot, one of which is Ext. PW2/A. Facsimile of the seal was put on the forms aforesaid and the case property was taken into possession vide memo Ext. PW1/A, copy whereof was given to the accused free of cost.

(3.) Ruka Ext. PW6/A was prepared by the Investigating Officer which was sent through PW7 HHC Hem Raj to the police station for registration of the case, which culminated into FIR Ext. PW6/B. The Investigating Officer PW9 ASI Ram Lal prepared the site plan Ext. PW9/B.