(1.) This appeal is directed against the judgment rendered on 18.03.2015 by the learned Special Judge, Mandi, in Sessions trial No. 25/2010 whereby the latter convicted and sentenced the accused for his having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act.
(2.) The accused/convict is aggrieved by the renditions of the learned Special Judge, Mandi. Being aggrieved, he has by instituting the instant appeal before this Court assailed the findings recorded therein. A prayer has been made therein that his appeal be accepted and the findings of conviction recorded against him by the learned trial Court qua his having committed an offence punishable under Section 20 of the NDPS Act be reversed and set-aside in the exercise of appellate jurisdiction by this Court.
(3.) The prosecution story, in brief, is that ASI Amar Nath, Constable Ajit Singh, ASI Ramesh Prashar, Constable Ganesh Dass, HHG Parshotam Dass and HHG Mitter Dev had gone for patrolling in an official vehicle after lodging rapat. The police party started search of the vehicles on 1.1.2010 and at about 3.15 p.m on national highway 21 accused was found sitting on the parapet of the road. On seeing the police party he became perplexed and tried to escape. He was apprehended. On search of the bag carried by the accused charas was found in a polythene packet. On weighment, the charas was found to be 1 kilogram 800 grams. The charas and polythene packet were kept in a cloth parcel and were sealed with 8 seals of impression 'Y' in presence of independent witness Bholu Ram. Sample seal was drawn and facsimile of seal was obtained on NCB form filled in triplicate on the spot. Thereafter the Investigating Officer prepared rukka and sent the same to police station through constable Ajit Singh on which basis F.I.R was registered by SHO Shreshta Thakur. The Investigating Officer prepared spot map and recorded the statements of the witnesses. The case property was resealed by SHO Shreshta Thakur with seals of impression 'A' and thereafter the case property alongwith relevant documents were deposited with Kashmir Singh the then MHC. On 3.1.2010 the parcel containing contraband alongwith sample seals, NCB forms and seizure memo etc. were sent to Forensic Science Laboratory, Junga through constable Narender Kumar who deposited the same at FSL, Junga.