BISHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 23.10.2013 passed by learned Special Judge (Forests), Shimla, H.P., in Sessions Case No. 18-S/7 of 2013, whereby accused, who was charged with and tried for an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act" for the sake of convenience) was convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 30,000/- and in default of payment of fine, to undergo simple imprisonment for three months under Section 20 of the Act.

(2.) THE case of the prosecution, in a nutshell, is that the police party comprised of PW11 Subhash Chand, PW9 Bhupinder Singh, PW8 HC Lalit Kumar, P.S. Rajnish, Constable Bhupinder and Constable Vinod had gone in an official vehicle bearing registration No. HP-07A-0730 for checking at Seema vide rapat, Ext. PW4/A. Nakka was laid at about 11.15 P.M.. The accused was noticed by the police party at about 2.30 A.M., coming from Ratnari to Rohru side. The accused on seeing the police party turned around and started walking briskly towards Chirgaon. He was nabbed on the basis of suspicion. His name and address was ascertained. The police party suspected that the accused was carrying some contraband. The police party gave their personal search to the accused vide memo, Ext. PW8/A. The accused was apprised of his legal right to be searched before Magistrate or some Gazetted Officer vide memo, Ext. PW8/B. The accused consented to be searched by the police party. A polythene bag was recovered from the right pocket of the upper of track suit worn by the accused. The charas weighed 350 grams. The charas was repacked in the same manner in a cloth parcel and was sealed with five seals of seal impression 'T'. The seal impressions were also drawn on cloth pieces. The NCB form, in triplicate, was filled-in on the spot vide Ext. PW3/D. The seal after use was handed over to HC Lalit Kumar vide memo Ext. PW8/D. The Investigating Officer prepared Ruqua, Ext. PW3/B. The same was sent to the Police Station, Rohru through HC Bhupinder Singh, on the basis of which FIR, Ext. PW3/A was registered. Spot map, Ext. PW11/A was prepared. The Investigating Officer produced the case property before PW3 Inspector Amar Chand, who resealed the same with three seal impression of seal 'P'. Memo, Ext. PW2/A, was prepared to this effect. He took sample of seal 'P' on a plain cloth piece, Ext. PW3/C. He also filled-in NCB form in triplicate vide Ext. PW3/D. He deposited the case property with MHC, who made entries in the Malkhana register and sent case property to FSL for chemical analysis. The chemical examiner's report was received vide Ext. PX and found that the case property was 'charas' and resin contents were found 25.96% w/w. The investigation was completed and thereafter, the challan was put up in the Court after completing all the codal formalities.

(3.) MR . Manoj Pathak, learned Advocate, has vehemently argued that the prosecution has failed to prove its case against the accused.