KAMAL AGGARWAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) IN this appeal filed under Section 374 Cr.P.C., convict Kamal Aggarwal assailed judgment dated 10.03.2006, passed by Sessions Judge, Solan, H.P., in Case No.9 S/7 of 2005, titled as State of Himachal Pradesh Versus Kamal Aggarwal, whereby he stands convicted for having committed an offence punishable under the provisions of Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 10,000/ - (rupees ten thousand) and in default thereof, further undergo rigorous imprisonment for a period of three months.

(2.) IT is the case of prosecution that on 18.03.2005, police party headed by SHO, Babita Rana (PW.8), comprising of ASI Perwal Singh (PW.1), Constable Naresh Kumar (PW.6) and Gulab Singh (not examined) had set up a Nakka near Jatoli Temple at Solan -Rajgarh road. At about 10.00 PM, accused came in a car, which was stopped for checking. Though nothing incriminating was found in the car, but however, suspecting that he may be carrying some contraband substance, upon personal search, from the jacket worn by the accused, one polythene packet containing charas was recovered, which upon weighment was found to be of 150 grams. Two samples of 25 grams each were drawn and sealed with a seal having impression 'T'. Sample and bulk parcel were taken into possession vide memo (Ex.PW.1/A). Rukka (Ex.PW.8/A) was sent through Gulab Singh, on the basis of which FIR No.45 of 2005, dated 19.03.2005 (Ex.PW.8/B) was registered at Police Station, Solan, under the provisions of Section 20 of the NDPS Act, against the accused. File was taken back to the spot. Accused was arrested. Necessary formalities were also completed on the spot. Whereafter, contraband substance was deposited with MHC Madan Lal (PW.7). Special report (Ex.PW.2/A) was sent to the Superintendent of Police, Solan. Sealed sample was sent by MHC Madan Lal through Constable Mohan Lal (PW.3) for chemical analysis to CTL, Kandaghat. Report of the Chemical Analyst (Ex.PW.8/E) was obtained by the police. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, Challan was presented in the Court for trial.

(3.) THE accused was charged for having committed an offence punishable under the provisions of Section 20 (B) of the NDPS Act, to which he did not plead guilty and claimed trial.