DEV RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) Challenge herein is to the judgment dated 1.10.2010 passed by learned Special Judge-II, Solan, District Solan, in Sessions Trial No. 6-S/7 of 2010, convicting and sentencing thereby the appellant (hereinafter referred to as the ‘accused’) to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 70,000.00 for the commission of offence punishable under Sec. 20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’ in short) and to undergo rigorous imprisonment for two years and to pay a fine of Rs. 20,000.00 for the commission of offence punishable under Sec. 18 of the Act.

(2.) The accused, right from the day of his arrest i.e. night intervening 28/29th Dec., 2009 is in custody initially in judicial and after his conviction serving out the sentence, as imposed upon him.

(3.) The challenge to the impugned judgment is on the grounds inter-alia that the prosecution has failed to prove its case beyond all reasonable doubts against the accused and on the basis of the evidence available on record, no findings of conviction could have been recorded against him. Besides, various irregularities committed by the investigating agency during the course of search and seizure, have also been highlighted. It is submitted that same has vitiated the entire proceedings against the accused, hence impugned judgment is stated to be not legally sustainable. The prosecution witnesses being interested one could have not been relied upon.