RAMESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) This jail appeal has been preferred by the Appellant/ accused (hereafter referred to as 'the accused') against the judgment dated 26.2.2005, passed by the learned Additional Sessions Judge, Chamba whereby the accused has been convicted under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (hereafter referred to as 'the NDPS Act') and has been sentenced to undergo rigorous imprisonment for four years and fine Rs. 20,000/- and in default of payment of fine, to undergo further rigorous imprisonment for one year.

(2.) The case of the prosecution in brief is that on 30.9.2001 when a police patrol party headed by Inspector Kulwant Singh (PW-8), was heading from Sultanpur to Prail at about 5.30 p.m. the accused was noticed coming from the side of Balupul while carrying a bag in his right-hand. On seeing the police party, the accused started walking swiftly towards Pathankot road. Getting suspicious, he was apprehended by the police and the bag he was carrying, was searched. It was found that the accused was carrying Charas kept in the bag. On weighing, it was found 500 grams. Two samples of 20 grams each were separated from the recovered Charas and the samples so drawn and the remaining Charas were made into separate parcels which were sealed with Seal 'T' and were seized vide memo. Ext. PB in the presence of Pawan Kumar (PW-2) and Allabux (PW- 1). The accused was arrested and intimation about his arrest was given to his wife vide memo. Ext. PA. A Rooka Ext. PW-3/ A was drawn by PW-8 which was sent for registration of a case and as a consequence FIR Ext. PW-10/B was recorded at Police Station Sadar Chamba. Special Report Ext. PW-6/A was sent to the Superintendent of Police. One of the samples of the Charas was sent for chemical analysis and the report of the Chemical Examiner about such examination is Ext. PW-9/C opining that the sample contained contents of Charas. On completion of the investigation, charge-sheet was submitted against the accused who came to be tried by the trial Court on a charge under Section 20 of the NDPS Act.

(3.) To prove the charge against the accused, prosecution examined as many as 11 witnesses. Statement of the accused was recorded under Section 313 of the Code of Criminal Procedure wherein he denied the case of the prosecution and claimed to be innocent and having been falsely implicated in the case. The accused, however, did not lead any defence evidence.