KEHAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant has filed the appeal challenging the judgment/ order dtd. 21/11/2022, passed by the Special Judge-II, Kinnaur at Rampur Bushahr, District Shimla, whereby, he has been convicted and sentenced as under:- <FRM>JUDGEMENT_106_LAWS(HPH)3_2023_1.html</FRM>

(2.) Prosecution story, in brief, is that on 25/2/2021 H.C Kesar Singh alongwith other police officials were present near Dhishni Mod on patrol duty. At about 3.30 a.m a person came from Karshala side carrying a bag in his right hand. H.C. Sandeep stopped the vehicle near that person and inquired from the person as to why he was roaming around at such odd hours. The said person became nervous and failed to give any satisfactory reply to the query and tried to flee from the spot. On suspicion the said person was apprehended by the police and on inquiry he disclosed his name as Kehar Singh (appellant). When the bag carried by the appellant was checked it was found that it contained charas. Before checking the bag Mohinder Singh was joined as an independent witness alongwith the police party. The recovered contraband was in the shape of balls and on weighment it weighed 2 kilograms and 603 grams. The recovered contraband was made into a cloth parcel and was sealed with seal bearing impression 'A'. NCB form was prepared and seal after use was handed over to Mohinder Singh. Photographs were taken at the spot. Appellant was arrested. Ruqa was sent to the Police Station through H.C. Kesar. After registration of the F.I.R., H.C. Rajesh reached the spot for further investigation.

(3.) After completion of investigation and on receipt of the report of the Chemical Examiner Ex. P-5/PW-7, Challan was presented against the appellant. On 13/1/2022 charge was framed against the appellant under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as the Act) by the trial Court. Appellant did not plead guilty to the charge framed against him and claimed trial.