HEM RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 21.5.2011, rendered by the learned Special Judge (II), Kinnaur at Rampur, H.P., in RBT No. 16 -AR/3 of 2009/2010, whereby the appellant -accused (hereinafter referred to as the accused) who was charged with and tried for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, was convicted and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. One lac and in default of payment of fine, he was further ordered to undergo simple imprisonment for two years.

(2.) THE case of the prosecution, in a nut shell, is that on 16.6.2009 at about 5:30 AM, the police party headed by Dy. S.P. (Probationer) Pankaj Sharma (PW -6), was present at Tuman More on Shawad -Ani Road. They found accused Hem Raj coming from Shawad side carrying a rucksack on his back. He was stopped by the police party on suspicion. The place was secluded. Thus, no independent witnesses were available. The accused opted to be searched by the police. Sh. Pankaj Sharma (PW -6) and other witnesses subjected themselves to be searched by the accused but nothing incriminating was found and memo Ext. PW -1/B was prepared to this effect. PW -6 Pankaj Sharma Dy. S.P. (Probationer) conducted the search of the bag Ext. P -2. It contained charas. It was weighed and found to be 11 kgs 730 gms. The charas alongwith the bag was packed and sealed with seal 'C'. NCB forms in triplicate were filled on the spot. The sample of seal 'C' was also taken separately on Ext. PW -6/B. The case property was taken into possession vide memo Ext. PW -1/C. 'Rukka' Ext. PW -2/A was sent through Constable Bhoop Singh to the Police Station. FIR Ext. PW -2/B was registered on the basis of the 'rukka'. The accused was arrested. He was informed about the grounds of arrest vide memo Ext. PW -1/E. The case property alongwith NCB forms were deposited with MHC Anoop Kumar in the malkhana. Entry to this effect Ext. PW -7/A, was made in the malkhana register. The case property alongwith NCB forms were sent for chemical analysis to FSL, Junga through HHC Roshan Lal. Special report was sent to S.D.P.O., Anni. On receipt of the report of the Chemical Examiner Ext. PW -7/B, challan was put up against the accused after completing all the codal formalities.

(3.) MR . Ravi Tanta, Advocate, appearing vice Mr. Ajay Kochhar, Advocate, for the accused has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. Ramesh Thakur, learned Asstt. Advocate General, has supported the judgment of the learned Special Judge (II), Kinnaur at Rampur, H.P. dated 21.5.2011.