RAJESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 26.3.2012, rendered by the learned Special Judge (II), Kinnaur at Rampur, H.P., in RBT No. 33 -AR -3 of 2010/2011, 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 27.6.2008 at about 6:45 P.M., PW -11 Insp. Sangat Ram, SHO PS Rampur alongwith PW -4 SI Brij Lal, PW -5 HC Uttam Kumar, Const. Sanjeev Kumar, PW -10 Const. Devi Dass was present at Kudidhar near Nirth, in connection with routine patrol duty. PW -2 Pawan Katoch and PW -3 Pal Singh met them there and they started talking to the police party. In the meantime, accused Rajesh came from the side of Snahjhula carrying a bag in his right hand and on seeing the police party, he got scared and tried to flee. He was apprehended. He was informed to exercise his option under Section 50 of the Act. He opted to be searched by the police party. Thereafter, PW -11 Insp. Sangat Ram alongwith other witnesses rendered themselves to be searched by the accused. The accused and his bag was searched. Charas weighing 2 kg 500 grams was recovered from the possession of the accused. The charas recovered was put in the same bag, which was made into parcel and seal impression "O" was taken on it. NCB form Ext. PW -11/B was updated in triplicate. The impression of seal "O" was also taken on a piece of cloth vide memo Ext. PW -11/C. The case property was taken into possession vide seizure memo Ext. PW -11/D. Rukka Ext. PW -9/A was prepared on the spot. It was sent to the Police Station Rampur through Const. Devi Dass, on the basis of which FIR Ext. PW -9/B was registered. Site plan was prepared. PW -11 Insp. Sangat Ram deposited the case property in the malkhana of the Police Station with MHC. PW -9 MHC Liaq Ram incorporated the entries at Sr. No. 734 in the malkhana register vide Ext. PW -9/D. Special report was also prepared and sent to SDPO Rampur. Chemical report is Ext. PW -11/H. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) MR . Bhupinder Ahuja, 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. M.A. Khan learned Addl. AG, for the State has supported the judgment of the learned trial Court dated 26.3.2012.