OM PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against judgment rendered by learned Special Judge Kinnaur at Rampur Bushahr, District Shimla, HP in Case No. 25-AR/3 of 09/10 dated 6.12.2010, whereby appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of '1.00 Lac and in default to further undergo rigorous imprisonment for two years.

(2.) Prosecution case, in a nutshell, is that on 14.2.2009, Head Constable Govind Singh alongwith C. Pyare Lal No. 429 and C. Kam Raj No. 872 was present at Chil Mod near Khekhar Village at National Highway No. 22. At about 5.45 pm, they found one person standing near the parapet. On seeing the police party said person got scared and tried to run away. He was carrying a bag on his shoulder. On suspicion HC Govind Singh overpowered and apprehended him with the assistance of accompanying police officials. On suspicion of possession of some contraband in the bag, he was given option to be searched either in the presence of a Magistrate or a Gazetted Officer but the accused opted to be searched by the police. Upon this, HC Govind Singh gave his personal search to the accused person and thereafter he conducted the search of the bag of accused and found one cushion of cloth in the bag, in which one polythene envelope having four polythene envelopes containing Charas was found. Charas weighed 3.500 kg. Thereafter two samples weighing 25 grams each were separated and put into separate parcels and the bulk was also put back into same polythene envelope and then put into the same bag which was put into a parcel. All three parcels were sealed with seal impression 'V'. NCB form in triplicate was filled in and after obtaining specimen of seal, the same was handed over to C. Jia Lal. The contraband article recovered from the possession of accused person was taken into possession vide seizure memo, which was witnessed by C. Jia Lal and C. Kam Raj. Rukka was scribed by HC Govind Singh, on the basis of which FIR No. 24 dated 14.2.2009 was registered in Police Station Kumarsain. The accused person was arrested. Samples and bulk were sent to Chemical Examiner FSL Junga who confirmed that the contents of the same were that of Charas. Investigation was completed and challan was put up after completing all the codal formalities.

(3.) Prosecution has examined as many as ten witnesses to prove its case against the accused. Statement of accused was recorded under Section 313 of the Criminal Procedure Code. He pleaded innocence. Accused was convicted and sentenced as noticed above. Hence, this appeal.