RANJEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 8.6.2012 rendered by the Special Judge, Chamba in Sessions Trial No. 5 of 2012, whereby the appellant -accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/ - and in default of payment of fine, he was further ordered to undergo simple imprisonment for a period of one year.

(2.) CASE of the prosecution, in a nutshell, is that on 27.11.2011, PW -14 Head Constable Madan Lal alongwith HHC PW -4 Budhi Singh, HHC Chaman Singh, PW -3 Constable Subhash Chand and PW -5 Constable Sanjay Kumar had set up a Nakka at Khairi Bridge, Banikhet at 4.00 P.M. At about the same time, accused was noticed coming from Padhar road. On seeing the policy party, he tried to turn back. He was carrying a bag in his hand. He was detained at the spot. A person standing in the rain shelter on Pathankot road, namely, PW -1 Surinder Kumar was associated as independent witness by PW -14 Madan Lal. PW -14 informed the accused of his legal right to be searched in the presence of a Magistrate or a gazetted officer vide memo Ex. PW -1/A. Accused reportedly opted to be searched by the police party. Accused was carrying a bag, which was of white and blue colour. It was opened. It contained one polythene bag of red and blue colour and inside the bag, charas weighing 1.500 grams was recovered vide memo Ex. PW -1/C. The contraband so recovered came to be sealed in a cloth parcel with 5 seals of impression 'T'. Specimen of seal "T" was also taken on separate cloth piece vide Ex. PW -1/D. The Investigating Officer completed the codal formalities of filling up the NCB forms and prepared the spot map. Constable Subhash Kumar was sent alongwith Rukka for registration of FIR to Police Station, Dalhousie. FIR Ex. PW -10/B was registered. Charas was produced before the ASI Onkar Singh, officiating S.H.O., who resealed the parcel with 3 seals of impression 'D'. He deposited the same with MHC Arun Kumar. The contraband was sent to F.S.L. Junga for analysis. The report of F.S.L. Junga is Ex. PX. Police investigated the case and the challan was put up in the court after completing all the codal formalities.

(3.) MR . Chaman Negi, learned counsel for the accused has vehemently argued that the prosecution has failed to prove its case against the accused.