PAWAN KUMAR Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) By way of instant appeal, judgment dtd. 26/11/2014 passed by learned Special Judge-II, Mandi, District Mandi, H.P. in Sessions Trial No. 9 of 2013 along with sentence order dtd. 16/12/2014 have been assailed by the appellant, whereby he has been convicted for offence under Ss. 20 of the NDPS Act and has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lakh and in default to undergo simple imprisonment for a period of one year.

(2.) The brief facts of the case are that Narcotics Control Bureau, Sub Zone Mandi (for short NCB) registered Crime No. 35 of 2012 dtd. 19/12/2012. As per NCB case, on 19/12/2012, PW-5 Karamvir Singh, Intelligence Officer received secret information regarding commission of offence under the NDPS Act. A raiding party was constituted. PW-2 R. L. Negi, Intelligence Officer besides other officials of NCB and independent witnesses Narain Singh and Jia Lal were associated. A Naka was laid at Katindi Road Mandi at about 6.45 a.m. Two persons including the appellant were found coming from Katindi side at about 7.20 a.m. 1 kg 300 grams of charas was recovered from the bag carried by the appellant. Recovered contraband was seized vide recovery-cum-seizure memo Ext. PW-2/A. Panchnama Ext. PW2/B was also prepared. Appellant along with his co-accused named Raj Kumar were arrested. Two samples weighing 25 grams each were drawn and were sent for chemical analysis to Central Revenue Control Laboratory, Delhi. One of the sample was tested as positive for charas vide report Ext. PW1/A.

(3.) On completion of investigation, challan was prepared. Appellant along with his co-accused were tried in Sessions Trial No. 9 of 2013 and were convicted. Appellant was sentenced as noticed above. Co-accused Raj Kumar is stated to have died.