KAMAL BAHADUR RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 23.1.2013 rendered by the Special Judge, Shimla in Case No. 3-S/7 of 2012, whereby the appellantaccused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, he was further ordered to suffer rigorous imprisonment for a period of one year.

(2.) Case of the prosecution, in a nutshell, is that on 19.8.2011, police party headed by SI Kamal Chand consisting of HC Manoj Kumar, Constables Anil Kumar, Pawan and Sanjeev of SIU, Shimla was on patrol duty on Sanjauli-Dhalli bypass road. At about 12.30 P.M. they spotted a man coming from Dhalli side with a carry bag on his shoulder. On seeing the police party, he got perplexed and started running towards Batish Colony.

(3.) Prosecution examined as many as 9 witnesses in all to prove its case against the accused. Statement of accused under Section 313 Cr.P.C. was recorded. He has denied the case of the prosecution in entirety. Learned trial Court convicted and sentenced the accused, as noticed hereinabove.