RAJU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 21.5.2011 rendered by the Special Judge, Mandi in Sessions Trial No. 16 of 2010, whereby the appellant -accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been convicted and sentenced to undergo rigorous imprisonment for a period of 15 years and to pay a fine of Rs. 1,50,000/ - and in default of payment of fine, he was further ordered to undergo simple imprisonment for a period of two years.

(2.) CASE of the prosecution, in a nutshell, is that PW -10 Girdhari Lal, Inspector Madan Lal, HHC Ram Lal and HHC Ranvir were present at Naresh Chowk Sundernagar on 23.12.2009 in official vehicle. The vehicle was being driven by Constable Rakesh Kumar. Punjab Roadways bus bearing registration No. PB -12K -4306 came from Manali side. It was going towards Chandigarh. It was signalled to stop. There were 20 passengers in the bus. The person occupying seat No. 36 became perplex on seeing the police. He revealed his name as Raju. He was holding a black colour bag in his lap. Witnesses Subhash Chand and Hoshiar Singh were associated. Police party gave its search to the accused. Inspector Madan Lal told the accused that he has a legal right to be searched before Magistrate or gazetted officer. Accused consented to be searched by the police. Memo Ex.PW -1/A was prepared. Search of the accused was undertaken. Cannabis was found kept in two packets inside the bag. Ticket Ex.PW -10/A was also recovered from the accused. It was attested by the conductor. Constable Rakesh Kumar was sent to bring weight and scales. He brought the same. On weighing the contraband was found to be 5 kg 500 grams. The bag was sealed in a parcel with ten impressions of seal 'N. NCB -1 from Ex.PW -12/C was filled in triplicate. Sample seal was taken on separate pieces of cloths and one such seal is Ex.PW -11/B. Seal impression was also taken on NCB -1 form. The Seal was handed over to Subhash after use. Seizure memo Ex.PW -1/C was prepared. Rukka Ex.PW -12/A was prepared. It was sent to Police Station through Constable Rakesh Kumar for registration of case. It was handed over to Durga Dass. He recorded FIR Ex.PW -5/A. The contraband was sent to F.S.L., Junga. The report of F.S.L. Ex.PW -11/A was received. Police investigated the case and the challan was put up in the court after completing all the codal formalities.

(3.) MS . Charu Gupta, learned counsel for the accused has vehemently argued that the prosecution has failed to prove its case against the accused.