NASEEB Vs. STATE OF H.P

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 6.10.2012 and 10.10.2012, respectively, rendered by the learned Special Judge, Shimla, H.P, in Sessions Trial No. 4-S/7 of 2011, whereby the appellant-accused (hereinafter referred to as the accused), along with other co-accused, was charged with and tried for offence punishable under Sections 18 & 29 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 a period of 10 years and to pay fine of Rs. 1,00,000.00 and in default of payment of fine, he was further ordered to undergo simple imprisonment for one year. The co-accused namely, Hameed Mohammad, Gudoo Ram, Rameshwar Singh and Ashok Kumar were acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 7.1.2011, during night time at about 1:15 AM, at place Sarivan, bypass NH-22, Shimla-Rampur police officials were on patrolling duty. A vehicle was signaled to stop. One bag was found on the lap of accused Naseeb. The number of the vehicle was HP-12C-2302 (Bolero jeep). Since the incident took place at an isolated place, no independent witnesses could be procured. ASI Rajinder Singh and Constable Ramesh Chand were associated as witnesses. The bag was searched. Opium was found in the polythene envelope kept in the bag. It weighed 1 kg. 400 gms. NCB forms in triplicate were prepared and seal impressions were obtained on a piece of cloth. The contraband was sealed and the same was deposited before the MHC. He sent the same to FSL for chemical examination. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as 19 witnesses. The accused was also examined under Sec. 313 Crimial P.C. The accused has denied the prosecution case. The learned trial Court convicted the accused, as noticed herein above. Hence, this appeal.