OM PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 18.10.2013 passed by the learned Special Judge, Mandi, in Sessions Trial No. 11/2010, whereby he convicted and sentenced the appellant to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 50,000/ - for the commission of offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the 'Act'). In default of payment of fine, the appellant was further to undergo imprisonment for one year.

(2.) THE story of the prosecution is that on 08.01.2010 Inspector Madan Mohan (PW -7) the then SI/SHO, Police Station, BSL Colony, Sundernagar alongwith HC Satya Prakash (PW -3), constable Chet Ram (PW -4), HC Girdhari Lal and HC Rajinder Kumar proceeded from Police Station on patrolling duty in a government vehicle at about 3.30 a.m. At about 4.00 a.m., when they were present at Naresh Chowk, Sundernagar, the appellant came from Dhanotu side and was carrying a rucksack on his right shoulder and on seeing police party he started running back, but was apprehended on suspicion. The search of the bag was conducted and Charas was recovered from the bag which was weighed and found to be about one kilogram.

(3.) ON 10.01.2010, the parcel containing contraband alongwith sample parcel, seizure memo, sample seals and NCB form were forwarded to FSL, Junga through HHC Jai Pal (PW -6) vide RC Ex. PW -5/C. As per the report of FSL, Junga, Ex. PW -8/A, the parcel on analysis was found to be containing extract of cannabis and sample of Charas. Special report Ex. PW -1/A was prepared by Inspector Madan Mohan (PW -7) which was forwarded to Dy. S.P., Sundernagar, through constable Chet Ram (PW -4). The statements of the witnesses were recorded as per their version by PW -7 and SI Trilok Chand (PW -8).