PARKASH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant appeal, appellant has assailed the judgment dtd. 31/10/2017 passed by learned Special Judge-II, Shimla, H.P. in Sessions Trial No. 29-S/7 of 2016, whereby the appellant has been convicted for commission of offence under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS" Act) and sentence order dtd. 3/11/2017 whereby the appellant has been sentenced to undergo rigorous imprisonment for a term of ten years and to pay fine of Rs.1,00,000.00. In default of payment of fine, the appellant has further been sentenced to undergo simple imprisonment for one year.

(2.) The case of the prosecution in brief is that on 17/3/2016 PW-11 ASI Partap Singh, PW-5 HC Dalip Singh, PW-6 C. Dinesh Kumar and PW-8 HHC Ratti Ram, No. 837 left the Police Station, Chopal at about 6.00 P.M. towards place known as "Dhabas Kenchi" in official vehicle No. HP07A-0686 with C. Kedar Singh No. 391 as driver on routine patrol duty. DDR No. 15 Ex.PW-2/A was recorded in this behalf. The police party reached "Dhabas Kenchi" and at about 7.45 P.M. noticed the appellant approaching "Dhabas Kenchi". He was holding a bag, which he threw on noticing the police and tried to run away from the spot. The appellant was apprehended by the police. The bag thrown by him was checked and charas weighing 1 K.G. 900 grams was recovered therefrom.

(3.) FIR Ex.PW-12/A was registered on the basis of Rukka Ex.PW-11/B. PW-12 SHO/SI Gulam Akbar carried the re-sealing proceedings by placing the sealed cloth parcel received from the spot in another cloth parcel. Six seals of impression "A" were affixed. The certificate of re-sealing Ex.PW-12/D was issued. The case property was handed over to MHC PW-9 HC Sohan Singh.