SUNIL KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal, is, directed by the appellant/accused, against the impugned judgment, rendered, on, 2.1.2013, by the learned Special Judge-1, Sirmaur, District at Nahan, H.P., in, Sessions trial No. 25-ST/7 of 2012, whereby, the learned trial Court convicted and sentenced the accused/ appellant, to, undergo rigorous imprisonment for a period of 10 years, and, to pay a fine in a sum of Rupees one lac, and, in default of payment of fine, to, undergo simple imprisonment for a period of one year, for, the commission of offence punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Brief facts of the case, are, that, on 5.4.2012, a police party headed by PW-8 ASI Prakash Chand, comprising of PW-2 HHC Surinder Pal, left Police Station, Nahan, at about 1.00 a.m. in, connection with routine patrol duty. At about 5 a.m., when they reached at Bus Stand, Nahan, HHC Kirpal Chand and HHC Jai Singh, who were also on patrol duty, met them. On the police party reaching the counter of the bus stand, they found the accused person, present there, and, three bags were lying besides him, on, the ground. On his sighting the police, he got perplexed, and, scared, and, on inquiry, he disclosed, that, he was waiting for the bus, to, go, to, Shimla. The police party checked the bags of the accused, and, the same were found to be containing drugs. In the first bag, 60 paper cartons, each containing 6 strips, of, 24 capsules each, total 8640 capsules of Spasmo Proxyvon, 41 vials of Rexcof cough syrup of 100 ml., and, two packets of Alprazolam tablets, each packet containing 400 tablets, total 800 tablets, were found. On checking, the second bag, two packets of Corex syrup, each packet containing 20 vials, total 40 vial, were recovered. In the third bag, 40 vials of Torex, 5 packets of Tranquite, 17 vials of cofvond, 19 strips of Nemus, 25 injections of Betnovate, one mobile charger, 2 packets of Dispovam, 7 small packets of Vitalic and 6 packets of Riladex, were recovered. The contents of all the three bags, were put back, into, the same bags, and, two parcels were prepared separately, and, were sealed with seal impression 'D'. The relevant columns of NCB form, Ex. PW- 1/C, were updated, and, sample of seal, Ex. PW-2/B, was drawn, and, seal was handed over, to, HHC Kripal Singh. The case property was taken into possession, vide seizure memo, Ex. PW- 2/A, in, the presence of HHC Jai Singh, HHG Kripal Singh and PW-2 LHC Surinder Pal. Rukka comprised in Ex. PW-2/C was drawn, and, sent to Police Station, Nahan, through PW-2, on, the basis of which, FIR comprised in Ex. PW-2/D was recorded. The accused was arrested, and, grounds of arrest were conveyed, to, him, vide memo Ex. PW-8/B. PW-8 ASI Prakash Chand, on, his returning, to, the Police Station, presented the case property, before PW-5 ASI Dalip Kumar, Officiating SHO, who, resealed the same with seal impression "L", and, after updating the relevant columns of the NCB form, issued a certificate of resealing which is comprised in Ex. PW-8/D, and, thereafter, he deposited the same with PW-1 HC Kanwar Singh, in, the Malkhana of the police Station. During the Course of investigation, the case property was sent, to, FSL, Junga, and, report of the Chemical examiner Ex. PW-4/A, was obtained, and, in the report, it was opined that the same contained the drugs as described, in their respective labels. PW-6 Sh. Sunny Kaushal, Drug Inspector, also gave his opinion comprised, in, Ex. PW-6/B, regarding NDPS contents of the seized drugs.

(3.) On conclusion of the investigation, into the offence, allegedly committed by the accused, report under Section 173 of the Code of Criminal Procedure was prepared, and, presented in the Court.