KANSARA MAYUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against the judgment, dated 05.01.2013, rendered by the learned Special Judge (II), Mandi, District Mandi, H.P. in Sessions Trial No. 2 of 2012, whereby the appellant accused (hereinafter referred to as 'the accused' for the sake of convenience), who was charged with and tried for an offence punishable under Sec. 20(b)(ii)(c) of the ND & PS Act, was convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1,00,000.00 and in default of payment of fine to further undergo simple imprisonment for a period of one year.

(2.) Case of the prosecution, in a nut-shell, is that on 15.10.2011, police party was present at Suki Bain NH-21. Accused came from Pandoh side having a bag in his right hand. On seeing the police party, he turned back and tried to run away. The police party suspected the accused carrying some contraband. Police party gave their personal search to accused and thereafter, search of light maroon and yellow bag was conducted, which was being carried by the accused in right hand. It contained envelope in which black material in the shape of chapattis, sphere and stick was found, which on smelling was found to be cannabis/charas. It weighed 2 kg. 300 grams. It was sealed with seal H at 10 places. NCB form in triplicate was prepared and seal impression H was affixed on it. Sample seal was taken on piece of cloth. Rukka through Constable Kashmir Singh was sent, on the basis of which, FIR No. 248/10, dated 15.10.2011, under Sec. 20 of NDPS Act was registered against the accused. The contraband was deposited with MHC. It was sent to FSL, Junga. The report was received. Thereafter, the challan was put up after completing all the codal formalities.

(3.) The prosecution has examined as many as 11 witnesses to support its case. The accused was also examined under Sec. 313 of the Cr. P.C. He pleaded innocence. He was convicted and sentenced, as noticed herein above. Hence, this appeal.