RAM KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment dated 23.10.2010, passed by the learned Special Judge, Kinnaur, Sessions Division at Rampur Bushahr, H.P. in NDPS Act Case No. 02 of 2009, whereby the appellant, who was charged with and tried for offence punishable under Section 20(b)(ii)(c) of the N.D.P.S. Act has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/ - and in default to undergo rigorous imprisonment for two years. Case of the prosecution, in a nut -shell, is that on 24.10.2008, a police party headed by ASI Jagat Singh, was patrolling at about 2:30 p.m. at Dhanudhar, Police Station Nirmand, when a motorcycle came from Bagipull side bearing registration No. HR -05T -9370. It was signaled to stop. The motorcyclist was asked to produce documents of the motorcycle. He was carrying a bag over his back. He disclosed his name as Ram Kumar, son of Shri Prittam Singh. On suspicion, the police sought option of the motorcyclist for his search either before the Magistrate or the Gazetted Officer. The motorcyclist opted for his search by the police. Thereafter, the police personal offered their search to the accused. The bag carried by the motorcyclist was searched. The Charas was found wrapped in a polythene in the bag. It weighed 3 kg. 500 grams, out of which, two samples of 25 grams each were drawn which were put into different packets and the remaining Charas was put into a different packet. Thereafter, it was taken into possession in the presence of the witnesses after drawing specimen impression of the seal used and filling up the N.C.B. form. The motorcycle alongwith documents were taken into possession. Thereafter, a rukka was sent to the Police Station for the registration of F.I.R.. The samples were sent to the State Forensic Science Laboratory. It was found to be the mixture of cannabis. After completing all the codal formalities, the challan was put up against the appellant.

(2.) THE prosecution has examined ten witnesses in all to prove its case. The statement of the appellant was also recorded under Section 313 of the Criminal Procedure Code. He has denied the allegations of the prosecution. The appellant has examined in his defence DW SI Vidya Chand, who has proved on record copy of F.I.R. No. 87/2008 Ex. DW -1/A and DW -2 Shri Puran Chand, Pradhan Gram Panchayat, Bhalsi. Learned trial Court convicted and sentenced the appellant, as noticed above on 23.10.2010. Hence this appeal.

(3.) MR . R.K. Sharma, learned Senior Additional Advocate General has supported the judgment dated 23.10.2010 passed by the learned trial Court.