SHAH NAWAZ Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal is directed against the judgment of 4.12.2013, rendered by the learned Special Judge -I, Sirmaur, District at Nahan, H.P., in Sessions trial No. 37 -ST/7 of 2012, whereby, the learned trial Court convicted and sentenced the accused/appellant to undergo rigorous imprisonment for a period of seven years and to pay a fine in a sum of Rs. 70,000/ - (Seventy Thousand) and in default of payment of fine to further undergo simple imprisonment for a period of one year for commission of offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act").

(2.) THE facts, in brief are that, on 9.8.2012, in connection with routine patrol duty, a police party of SIU, Nahan, headed by PW -10 SI Tara Negi was present at Biranwali. Accused Shah Nawaz at about 3.30 p.m. was found to be coming from the side of Nahan -Shimla road towards Kaulanwala Bhood Side on foot holding a bag in his right hand and on seeing the police party he turned back and tried to escape. However, he was apprehended by the police. The place, where accused was apprehended, was an isolated and secluded place and as such no independent witness was available there. Therefore, PW -10 SI Tara Negi joined the accompanying officials as witnesses. Thereafter, they informed the accused that they intended to conduct search of his person as well as of his bag and if he so desired search could be arranged in the presence of a Magistrate or a gazetted Officer, but accused opted to be searched by the police. The consent memo is comprised in Ex. PW -1/A. Thereafter the bag was searched and during search two packets containing 920 grams of Charas were recovered from the bag. Charas was put back into the same packets, which were then made into a parcel and sealed with seal bearing impression "T". NCB form in triplicate was filled in. Seal after its use was handed over to PW -1 HC Rajinder Kumar. Charas was taken into possession vide memo Ex. PW -1/D. On the basis of Rukka Ex. PW -8/A, FIR Ex. PW -8/B was registered. Accused was arrested and grounds of arrest was conveyed to him. Inspector Laiq Ram resealed the case property with seal bearing impression A and issued certificate of resealing Ex. PW -8/E. After updating the relevant columns of the NCB form, he deposited the case property with MHC of the Malkhana of the Police Station. On 13.8.2012, PW -2 sent the parcel containing Charas to FSL, Junga through PW -7 Pradeep Kumar. Special report Ex. PW -5/B was prepared and sent to the Additional S.P Sirmaur at Nahan. Report of FSL is comprised in Ex. PW -1/F. On conclusion of the investigation, into the offences, 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 as many as 10 witnesses. On closure of the prosecution evidence, the statement of the accused, under Section 313 of the Code of Criminal Procedure, was recorded, in, which he pleaded innocence and claimed false implication. He chose not to lead evidence in defence.