LAIQ RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 28.10.2013, rendered by the learned Special Judge -I, Sirmaur at Nahan, H.P., in Sessions Trial No. 19 -ST/7 of 2013, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 20 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/ - and in default of payment of fine, he was further ordered to undergo simple imprisonment for one year.

(2.) THE case of the prosecution, in a nut shell, is that on 19.12.2012, police party headed by PW -9 HC Kalyan Singh left the Police Station, Paonta Sahib in official vehicle towards Taruwala -Gongpur and Nihalgarh in routine patrol duty. At about 10:20 PM, when the police party was present at Gondpur near chemical factory, accused came from Tarunwala side towards Nihalgarh. On seeing the police party, he got perplexed. He was apprehended by the police. In the meanwhile, PW -1 Jamshed and PW -2 Mohd. Bilal also reached on the spot. They were joined by PW -9 HC Kalyan Singh and in their presence carry bag of accused was checked. On checking, charas weighing 1kg 150 gms was recovered. After weighing the charas, it was put back into the same bag which was then made into parcel and sealed with seal bearing impression "H". NCB form, Ext. PW -5/A was updated and sample of seal Ext. PW -9/A was drawn by PW -9 HC Kalyan Singh. Thereafter, the seal was handed over to PW -1 Jamshed. The case property was taken into possession by PW -9 HC Kalyan Singh, vide recovery memo Ext. PW -3/C. PW -9 HC Kalyan Singh scribed the rukka Ext. PW -4/A. It was sent to the Police Station, Paonta Sahib, through PW -4 Const. Rahul Kumar, on the basis of which FIR Ext. PW -4/B was registered. The case property was presented before PW -5 SI Ram Pal, Addl. SHO, PS Paonta Sahib. It was resealed with seal bearing impression "H". PW -5 SI Ram Pal updated the relevant columns of NCB form Ext. PW -5/A and deposited the case property after re -sealing with the MHC. The case property was then sent to FSL Junga for chemical examination. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) MR . Anoop Chitkara, Advocate, appearing on behalf of the accused, has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. Ramesh Thakur, Asstt. Advocate General for the State has supported the judgment of the learned trial Court dated 28.10.2013.