JHALLO RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant appeal, appellant has assailed judgment and sentence order dtd. 5/7/2019, passed by the learned Special Judge, Chamba Division Chamba, H.P. in Sessions Trial No. 77 of 2018, whereby appellant has been convicted under Sec. 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and has been sentenced to undergo rigorous imprisonment for a period of twelve years and to pay fine of Rs.1,20,000.00. In default of payment of fine, to further undergo simple imprisonment for a term of one year.

(2.) The prosecution case in brief is that on 25/8/2018, police party comprising of HC Gias Lal PW-4, HC Ramesh Kumar PW-1, HC Dinesh Kumar PW-8, Constable Hem Raj PW- 2 and Constable Vinod Kumar PW-5 were on routine patrol duty near Koti Bridge within jurisdiction of Police Station, Sadar Chamba. Appellant was apprehended with a bag on his back. On noticing the police, appellant became perplexed. On suspicion, the bag carried by appellant was checked. 5 kg 30 grams of charas was recovered therefrom. The recovered charas was repacked in the same bag and thereafter placed in a cloth parcel, sealed with six seals of impression 'SB'. Relevant columns of NCB forms PW-4/C were filled. Seal impressions were taken on the NCB forms. Specimen seal impression Ext. PW-1/A was preserved. Recovery and seizure memo Ext. PW-1/B was prepared.

(3.) Rukka Ext. PW-2/A was sent to Police Station through Constable Hem Raj PW-2. FIR Ext. PW-9/K was accordingly registered. The further investigation was carried. The appellant was formally arrested and arrest memo Ext. PW-4/A was prepared.