SAGAR CHAUDHARY Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 11.7.2011, rendered by the learned Special Judge, Kullu, H.P. in Sessions Trial No. 31 of 2010, whereby the appellant -accused (hereinafter referred to as accused) who was charged with and tried for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of rupees one lac and in default of payment of fine he was ordered to suffer further imprisonment for six months.

(2.) THE case of the prosecution, in a nut shell, is that on 29.3.2010, the police party headed by PW -9 Insp. Prem Singh comprising of HC Narender, PW -7 Const. Rakesh Lal and PW -6 S.I. Rajinder Kumar were on patrol duty for detection of crime relating to forests and narcotics. The police party was present at Hathithan near Bhuntar at about 5:15 AM. They noticed the accused coming from Manikaran side. The accused on seeing the police tried to escape. He was nabbed. The name and particulars of the accused were ascertained. The Investigating Officer had suspicion about possessing of some contraband by the accused. He expressed his intention to conduct search of the accused. The accused was apprised about his right to be searched either before the police on the spot, or Magistrate or Gazetted Officer. The accused consented to be searched by the police vide memo Ext. PW -6/A. Thereafter, the I.O. gave his personal search vide memo Ext. PW -6/B. Nothing incriminating was found. The I.O. conducted the search of the accused and the accused was found bearing vest underneath shirt and was found possessing black coloured substance in the shape of rectangle and in the form of chapatis. After removing the cello tape, it was found to be charas. It weighed 7 kgs. The I.O. sealed the contraband with 10 seals of impression 'B'. NCB -1 form in triplicate was filled in. The impression of seal 'B' was drawn on Ext. PW -6/D. The seal was handed over to S.I. Rajinder Kumar. The case property was taken into possession vide memo Ext. PW -6/C. Rukka Ext. PW -9/A was prepared and sent to the Police Station Kullu through Const. Rakesh Lal. SHO registered the FIR vide Ext. PW -9/D. The I.O. prepared the site plan Ext. PW -9/B. The I.O. also prepared special report Ext PW -1/A. It was sent to Dy. S.P., Police Station SV and ACB, Kullu. The case property alongwith the impression of seal 'B', NCB forms, copies of FIR and seizure memo were sent to FSL, Junga vide RC Ext. PW -3/A through PW -4 Const. Paras Ram. He deposited the case property alongwith requisite documents at FSL, Junga. Report of the FSL is Ext. PW -8/A. On completion of the investigation, challan was put up after completing all the codal formalities.

(3.) MR . B.C. Verma, Advocate, appearing on behalf of the accused has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. P.M. Negi, Dy. AG, has supported the judgment of the learned trial Court dated 11.7.2011.