SASHI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since both the appeals have arisen out of the same judgment, the same were taken together and are being disposed of vide this common judgment.

(2.) THESE appeals are instituted against Judgment dated 8.10.2012 rendered by learned Special Judge, Kullu, Himachal Pradesh in Sessions Trial No. 29 of 2012, whereby appellants in Criminal Appeal No. 452/2012 (hereinafter referred to as 'accused' for convenience sake), who were charged with and tried for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), were convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 20,000/ -, in default of payment of fine, to further undergo simple imprisonment for three months. The State has come in appeal bearing No. 39/2013, for enhancement of the sentence dated 8.10.2012.

(3.) CASE of the prosecution in a nutshell is that on 4.5.2011, PW -7 SHO Tenzin (IO) alongwith HC Bala Ram was on patrolling duty near Larji. At about 4.00 am, a vehicle bearing No. HP01H -6009 came from Larji side. It was signalled to stop. Driver of the vehicle and other occupants disclosed their identification. Search of the vehicle was taken. One packet kept in the dashboard was recovered. On checking Charas was recovered and it weighed 500 gms. It was wrapped in the same manner in the packet and sealed with six seals of impression 'P'. Samples of seals were prepared on separate piece of cloth. IO filled NCB form at the spot. Possession memo was prepared. Rukka was prepared at the spot and sent to the police station, Bharari through HHC Bala Ram alongwith case property alongwith NCB form. NCB form in triplicate, sample seal 'P' and copy of seizure memo were handed over to SHO Balbir Singh. He lodged FIR. SHO Balbir Singh resealed case property with 5 impressions of seal 'W'. He also filled up column Nos. 9 to 11 of the NCB form and deposited case property with PW -5 Parkash Chand. Case property was entered in the Malkhana register at Sr. No. 46. He sent the sealed parcels vide RC Ext. PW -1/B to FSL Junga through PW -1 Bala Ram. He deposited the same in laboratory and obtained receipt. Thereafter, codal formalities were completed and challan was put up in the Court.