LIAQ RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant appeal, the appellants have assailed their conviction and sentence ordered by learned Special Judge, Solan in Sessions Trial No. 3-S/7 of 2013 vide judgment dtd. 1/5/2015, whereby the appellants have been convicted for the commission of offence under Sec. 20 of the Narcotics Drugs and Psychotropic Substances Act,1985 (for short, "NDPS Act") and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000.00 each and in default of payment of fine amount, to undergo simple imprisonment for one year.

(2.) Brief facts of the case, on which the prosecution was launched against the appellants, are as under:

(3.) Prosecution examined nine witnesses. PW-6 HC Bhagat Singh and PW-8 Inspector/SHO Chaman Lal were examined to prove the recovery of contraband on spot and consequent investigation conducted thereupon. PW-9 SI Nishant Kumar was examined to prove the receipt of Rukka Ext.PW-8/B in the police station, Solan on 04/12/2012 at about 4.00 a.m. through Constable Kuldeep Kumar No. 239 and recording of FIR Ext.PW-9/A on its basis. PW-7 HHC Narender Prakash No. 378 was examined to prove the deposit of contraband in safe custody of Malkhana as also its transition to SFSL Junga for chemical analysis. PW-3 proved the safe transition of seized contraband from police station to SFSL. PW-1, PW-2 and PW-5 were examined to prove the dispatch and receipt of special report under Sec. 57 of the Act. PW-4 Constable Fayyaz Khan No. 483 was examined to prove the recording of DDR No. 49 dtd. 3/12/2012 Ext.PW-4/A regarding departure of police party from police station, Solan.