PAWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant feels aggrieved by the judgment of conviction passed by the learned Trial Court under section 18 [wrongly mentioned, it should have been Section 15] of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short "the Act" for allegedly keeping in his exclusive and conscious possession 60 kgs. of poppy husk/straw whereby he has been sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 10, 000/-. In default of payment of fine, to further undergo simple imprisonment for a period of one year. However, the benefit of Section 428 of the Code of Criminal Procedure to commute the sentence was also accorded.

(2.) In short, the prosecution case, as emerges from the evidence on record, can be stated thus. In the year 2006, PW 13 Sub Inspector Ramesh Kumar Rana was posted as Additional SHO, Police Station Indora.

(3.) On reaching the police Station, PW13 S. I. Ramesh Kumar handed over the case property along with NCB forms and sample of seals to PW14 Inspector/SHO Ambiya Ram for the purpose of re- sealing. After checking the seals intact, he re-sealed each of the parcels with seal impression 'A' and filled in the relevant column of NCB forms. The impression of such seal was also affixed on the NCB forms and also on a piece of cloth Ext. PW1/D.