SUSHIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against a judgment rendered by learned Special Judge, Fast Track Court, Kullu, Himachal Pradesh on 26.5.2011 in Sessions Trial No. 50 of 2010, whereby appellant/accused (herein after 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 (herein after referred to as 'the Act' for convenience sake), has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of '1.00 Lakh, in default of payment of fine to further undergo simple imprisonment for a period of two years.

(2.) Case of the prosecution, in a nutshell, is that on 9.4.2010, ASI Sada Nand alongwith ASI Kesar Singh, HC Gopal Chand and Constable Sunil Kumar was going in official vehicle No. HP.34A- 9986. The vehicle was being driven by Constable Rup Singh. At about 6.15 pm, when police party reached village Tarakara near a culvert, they saw a person coming down towards road having black coloured backpack(rucksack). On seeing the police, he turned towards hand pump side and ran towards Nullah. He jumped down from that Nullah. Police party, on the basis of suspicion, chased him and nabbed him. Accused person received injuries. He disclosed his name as Sushil Kumar alias Shilu. SI Sada Nand associated ASI Kesar Singh and Constable Sunil Kumar as witnesses. IO told accused that his personal search is required to be taken. He was apprised about his legal right, orally as well as in writing, that he could give his personal search in the presence of a Magistrate or a Gazetted Officer. SI Sada Nand after giving his personal search to the accused conducted the search of the accused. Contraband was recovered from the bag. It was found to be Charas. Charas was weighed and it was found to be 5.600 kg. Charas was again put in the same packet. It was further wrapped with cloth. IO filled up NCB form in triplicate. Seizure memo was prepared. Rukka was sent to the Police Station. FIR was registered on the basis of said Rukka. Accused was taken to the hospital for medical examination. The case property was sent to the FSL Junga for chemical examination. The investigation was completed. Challan was put up and after concluding the trial, accused was convicted and sentenced as noticed herein above.

(3.) Mr. Avinash Jaryal, Advocate has vehemently argued that the Prosecution has failed to prove its case against the accused.