JAGDISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment rendered on 5.1.2013 by the learned Special Judge (II), Mandi, District Mandi, H.P. in Sessions trial No. 1 of 2012, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of twelve years and to pay a fine of Rs. One lac for commission of offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act') and in default of payment of fine, he has been sentenced to undergo simple imprisonment for two years.

(2.) THE prosecution story, in brief, is that on 20.10.2011 at about 4.30 p.m. SI Dulo Ram alongwith ASI Pratap Singh, HHC Raj Kumar, LHC Sanjay Kumar, on receipt of prior information, were present near Dhanotu Chowk, in the meantime accused came there having a bag in his right hand. It is alleged that accused was roaming quickly towards Sabzi Mandi and also came back, the police got suspicion and the accused was stopped. Dalip Chand and Kartar Singh were joined as indepdent witnesses in the raiding party. On inquiry, accused had disclosed his name and address. Thereafter the bag, on which "Next Gen" was imprinted was checked and on checking the bag, one polythene bag was found kept inside it on which "Lall and Sons", the Mall Shimla was imprinted and inside the said bag one polythene envelope, which was tied with a piece of cloth was found and on opening the same a black coloured material in the shape of sphere and stick was found in it and on smelling the same was found to be Charas. On weighing the charas, it was found to be 4 Kg. 880 grams. The charas was sealed in a parcel in the same manner by using seal H at 18 places. Sample seal was taken on piece of cloth. NCB form in triplicate were filled in and seal was also affixed on it. Charas was taken into possession vide seprate memo, which was singed by the accused and the witnesses. Rukka was prepared. Rukka, NCB form, copy of seizure memo, sample seal were then sent to P.S State CID Bharari through HHC Raj Kumar. FIR was registered against the accused. Accused was arrested and the case property for chemical examination was sent to FSL Junga and report was received. Special Report was sent to ASP, CID Bharari.

(3.) AFTER completion of the investigation, challan, under Section 173 of the Cr.P.C. was prepared and filed in the Court. The trial Court charged the accused for his having committed offence punishable under Section 20(b)(ii)(c) of the NDPS Act to which he pleaded not guilty and claimed trial.