DEU BHAN BUDA Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 26.3.2012/28.3.2012, rendered by the learned Special Judge, Kullu, Distt. Kullu, H.P, in Sessions Trial No. 22 of 2011, whereby the appellantaccused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sections 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act), has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1,00,000/- and in default of payment of fine, he was further ordered to undergo simple imprisonment for one year.

(2.) The case of the prosecution, in a nut shell, is that on 24.2.2011, the police party was present at village Suma Chalon in connection with patrolling and Nakabandi vide rapat No. PW-1/A at about 6:30 AM. The police party saw the accused coming from Manikaran side who was going towards Jari side. The accused on seeing the police party, turned back and tried to escape. He was apprehended. PW-8 ASI Dhiraj Kumar asked about the antecedents of the accused. The police officials asked him as to what was he carrying on his back. The accused put the bag on the road. PW-7 Const. Kuldeep Singh was sent to nearby place to search for independent witnesses, but he returned to the spot without independent witnesses. PW-5 Const. Pritam Singh and Const. Munish were associated as witnesses. The bag was searched. It contained charas weighing 4.00 Kgs. The charas was again put in the same polythene bag and thereafter in red colour carry bag and again put in the backpack. The parcel containing backpack was sealed with seal "T" at ten places. Specimen of seal "T" Ext. PW-5/B was also taken. The sealed parcel was taken into possession vide memo Ext. PW-5/C. The I.O. prepared rukka Ext. PW-8/A and sent the same to the Police Station Kullu through PW-7 Const. Kuldeep Kumar. On receipt of the rukka Ext. PW-8/A, PW-2 SHO Sher Singh registered FIR Ext. PW-2/A. The I.O. produced the case property before PW-2 SHO Sher Singh, PS Sadar, who resealed the same. SHO Sher Singh deposited the case property alongwith the relevant documents with PW-3 MHC Ram Krishan of PS Kullu. PW-3 Ram Krishan entered the case property in malkhana register at Sr. No. 13. The abstract of the register is Ext. PW-4/A. The special report was also sent. The case property was sent for chemical analysis, vide RC Ext. PW-4/B. The report of the FSL is Ext. PW-2/D. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as 8 witnesses. The accused was also examined under Section 313 Cr.P.C. The accused has denied the prosecution case. He produced three defence witnesses. The learned trial Court convicted the accused, as noticed hereinabove. Hence, this appeal.