SESH RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant-convict Sesh Ram, hereinafter referred to as the accused, has assailed the judgment dated 21.4.2012, passed by Special Judge (II), Kinnaur at Rampur, Himachal Pradesh, in Sessions Trial No.61- AR/3 of 2011, titled as State of Himachal Pradesh v. Sesh Ram, whereby he stands convicted of the offence punishable under the provisions of Section 20(b)(ii)(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for a period of ten years and pay a fine of Rs. 1,20,000/-, and in default thereof, to further undergo simple imprisonment for a period of two years.

(2.) It is the case of prosecution that a police party of the State CID, Police Station, Bharari (Shimla), was on duty in the field. They had left the Police Station on 20.2.2011 and spent two nights at a place known as Nogli. On 22.2.2011, the party headed towards Nirmand Baghipul side and at about 1 p.m., while they were just 1 km behind Baghipul, they saw the accused coming with a Pithu on his back. Seeing the accused, SI Rattan Singh (PW-7), who was heading the police party, stopped the vehicle and enquired the area from which he was coming. Not finding a satisfactory response, police officials enquired as to what he was carrying in the bag. At that accused got scared. Hence, on suspicion, the bag was searched, from which Charas in the shape of small balls and sticks, wrapped in two carry bags, was recovered. In the presence of police officials ASI Rajesh Kumar (PW-

(3.) Accused was charged for having committed an offence punishable under the provisions of Section 20 of the Act, to which he did not plead guilty and claimed trial.