KAMALJEET Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal has been instituted against Judgment dated 20.5.2015 rendered by learned Special Judge -I, Sirmaur District at Nahan, HP in Sessions Trial No. 07 -ST/7 of 2014, whereby appellant -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/ -, and in default of payment of fine, to further undergo simple imprisonment for six months, for commission of offence under Section 20(b)(ii)(C) of the Act.

(2.) Case of the prosecution, in a nutshell, is that on 23.2.2014 at about 9.30 am, PW -9 ASI Jeet Ram alongwith PW -1 HHC Harender Singh, PW -8 HHC Ramesh Chand driver of Government vehicle No. HP -17B -1222 and Constable Raj Kumar was present at Shaya Ghat in connection with patrolling and Naka duty. They had checked about seven vehicles. A motor -cycle bearing registration No. CH -01 -AV -8182 being driven by accused Kamaljeet came from Neripul side towards Sanora, which was signalled to stop. Accused had put on a black and brown check blanket and also kept one white coloured bag Ext. P -2 in between his legs and petrol tank of the motor cycle. PW -9 ASI Jeet Ram touched the bag and found something in the shape of sticks and balls in the bag and on opening the bag one another blue coloured bag Ext. P5 was found inside that white bag. PW -9 opened the blue coloured bag and found one plastic packet Ext. P4 inside it, wrapped with cello tape. In that plastic packet Ext. P4, Charas Ext. P5 was found in the shape of sticks and balls. It weighed 1.980 kg. Sealing process was completed on the spot. Case property was put in a cloth parcel Ext. P1, which was sealed with seal impression 'K'. Sample seal Ext. PE was drawn on a separate cloth piece, on which PW -1 and PW -7 put their signatures besides the accused. Motor -cycle was taken into possession. NCB form Ext. PW -3/D was filled in triplicate, on the spot. Rukka was prepared and sent to the police station, Rajgarh, for registration of FIR Ext. PB. PW -9 handed over the case property alongwith NCB form, sample seal and connected documents with MHC Parshotam Singh in safe condition. PW -3 MHC Parshotam Singh filled in columns No. 10 and 12 of the NCB form Ext. PW -3/D in triplicate. He made endorsement Ext. PW -

(3.) /E. Investigation was completed and Challan was put up in the Court after completing all codal formalities. 3. Prosecution has examined as many as 9 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He denied the case of the prosecution. Trial Court convicted and sentenced the accused as noticed herein above. Hence, this appeal.