MAAN CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 25.2.2012, rendered by the learned Special Judge (Sessions Judge), Shimla, in N.D.P.S. Case No. 1 -S/7 of 2010, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offences punishable under Sections 18 & 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 seven years and to pay fine of Rs. 50,000/ - for offence under Section 20 of the ND & PS Act. He was further sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 1,000/ - for offence under Section 18 of the ND & PS Act. The sentences were ordered to run concurrently. In default of payment of fine, the accused was further ordered to undergo simple imprisonment for one year under Section 20 and simple imprisonment for three months under Section 18 of the ND & PS Act.

(2.) THE case of the prosecution, in a nut shell, is that on 3.11.2009, PW -8 S.I. Sato Kumar, State Vigilance and Anti Corruption Bureau, Shimla (hereinafter referred to as SV & ACB, in short), in connection with routine patrol duty left for Inter State Bus Terminal (hereinafter referred to as ISBT, in short). At about 5:15 PM, the police party was at some distance from ISBT towards the Winter Field, when a secret information was received. It was alleged that one person carrying black bag containing psychotropic substance was on way towards ISBT. The suspect was stated to be wearing red pullover, white shirt and cream colour pant. On receipt of the information, PW -8 SI Sato Kumar reduced the information into writing vide Ext. PW -4/A under Section 42 of the ND & PS Act. It was submitted to the Dy. S.P., S.I.U., through PW -4 HC Ramesh Chand. PW -8 S.I. Sato Kumar sent for the independent and non official witnesses but none opted to associate with him. At that time, PW -1 HHG Gagan Sharma was noticed on way towards the Winter Field. PW -8 S.I. Sato Kumar associated PW -1 in the raiding party. A person matching the particulars of secret information was noticed on way from Army Training Command side who was moving towards ISBT. PW -8 S.I. Sato Kumar interrogated that person. The accused was found to be carrying black bag Ext. P -3. PW -8 S.I. Sato Kumar, in the presence of PW -1 HHG Gagan Sharma, PW -2 HHC Babu Ram and PW -3 Const. Manoj Kumar, gave an option of search to the accused to be searched before the Magistrate or Gazetted Officer vide memo Ext. PW -1/A. The accused declined the offer and consented for search before the local police party. PW -8 S.I. Sato Kumar checked bag Ext. P -3 of the accused and recovered one polythene envelope Ext. P -4 from one of the pockets of the bag. The polythene envelope Ext. P -4 was found containing charas Ext. P -5 in the shape of billets and balls. Another pocket of bag Ext. P -3 was found containing opium Ext. P -8 wrapped in polythene paper. The charas weighed 1850 grams and opium was found to be 50 grams. The sealing proceedings were completed on the spot. PW -8 S.I. Sato Kumar produced packets Ext. P -2 and P -7 before PW -9 SI/SHO Amar Singh, who resealed the same with seal impression "T". The police got the packets of charas and opium examined from the Chemical Examiner. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) MR . B.S. Chauhan, Sr. Advocate, appearing on behalf of the accused, has vehemently argued that the prosecution has failed to prove its case against the accused beyond reasonable doubt. On the other hand, Mr. Parmod Thakur, learned Addl. Advocate General for the State has supported the judgment of the learned trial Court dated 25.2.2012.