JITENDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal is directed against the judgment of 5.3.2011, rendered by the learned Special Judge(1) Kangra at Dharamshala, H.P., in Sessions case No. 14 -D/VII -2010, whereby, the learned trial Court convicted and sentenced the accused/appellant to undergo rigorous imprisonment for a period of ten years and to pay a fine in a sum of Rs. 1,00,000/ - (One Lac) and in default of payment of fine to further undergo rigorous imprisonment for a period of one year for commission of offence under Section 21 -61 -85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act").

(2.) THE facts, in brief are that, on 9.2.2010, ASI Ramesh Kumar alongwith HC Duni Chand, HC Sanjeev Walia, C Kuljeet Singh, C Rajinder Kumar and C Sanjeev Kumar were on patrolling duty at Kotwali Bazar -bus stand, Gharoh, Bandi and Kaliara in Government vehicle driven by C Ramesh Kumar. On suspicion, they stopped a motorcycle bearing registration No. HP -53 -2848 which was occupied by three persons. On seeing the police party, the accused got perplexed. The person sitting in middle on the motorcycle was holding a plastic bag which he threw on the earth. The persons disclosed their names to the police party to be Jitender Kumar, Rakesh Kumar and Sanjeev Kumar. Accused Jitender Kumar opened the plastic bag which was found to be containing huge quantity of capsules. There were 1509 strips of spasmo proxyvon capsules and 138 strips of parvon capsules and total number of capsules were 13176. The accused could not produce a permit, licence and prescription slip qua the capsules aforesaid. All the capsules were put in a parcel and sealed with seal R at 10 places and sample seal was taken on a separate piece of cloth. NCB forms in triplicate were filled in on the spot. Rukka Ex. PW -9/A was prepared. Spot map is comprised in Ex. PW -9/B. Statements of HC Duni Chand and HC Sanjeev Kumar were also recorded at the spot. Identity certificates of accused Ex. PW -9/C to Ex. PW -9/E were also prepared at the spot. Special report under Section 57 of NDPS Act was also sent to S.P. Kangra. FSL report is comprised in Ex. PW -9/F. On conclusion of the investigation, into the offence, allegedly committed by the accused, final report under Section 173 of the Code of Criminal Procedure was prepared and presented in the Court.

(3.) IN order to prove its case, the prosecution examined 10 witnesses. On closure of the prosecution evidence, the statements of the accused, under Section 313 of the Code of Criminal Procedure, were recorded, in, which they pleaded innocence and claimed false implication. They chose to lead evidence in defence.