SURAT SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 31.12.2014, rendered by the learned Special Judge (I), Shimla, H.P, in Sessions Trial No. 21 -S/7 of 2013, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 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 rigorous imprisonment for one year.

(2.) THE case of the prosecution, in a nut shell, is that on 13.3.2013, police party headed by SHO Daya Ram consisting of ASI Raj Kumar and others was present during Nakabandi at place Pandranu from 4:00 AM to 6:00 AM. The police party while coming back in vehicle No. HP -07A -0839 reached near Dhangu Dhank. The accused was found coming downward carrying red -gray coloured bag pack. On seeing the police party, the accused became perplexed and tried to run away. On suspicion, accused was apprehended by the police party. The consent was taken vide consent memo Ext. PW -1/A. The police official has given the personal search vide memo Ext. PW -1/B. On search of the bag of accused, one plastic bag was found containing charas in the form of balls and sticks. The charas weighed 11 kg 50 grams. The charas Ext. P -4 was repacked in the same bag and sealed with three seals of "H" in parcel Ext. P -1 in the presence of witnesses and taken into possession vide memo Ext. PW -1/D. Sample of seal "H" was also taken on a piece of cloth vide Ext. PW -1/C. Rukka Ext. PW -11/A was prepared on the basis of which FIR Ext. PW -7/D was recorded. I.O. sent the rukka and sealed parcel containing charas through HHC Babu Lal who deposited it in the malkhana register. The abstract of malkhana register is Ext. PW -7/A. The IO prepared NCB form in triplicate vide Ext. PW -1/E. The case property was sent to FSL Junga vide RC No. 4. The investigation was completed and the challan was put up in the Court after completing all the codal formalities.

(3.) MR . Vivek Sharma, Advocate, appearing on behalf of the accused, has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. M.A. Khan, Addl. AG, for the State has supported the judgment of the learned trial Court dated 31.12.2014.