AMAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment and order dated 25.6.2014 and 30.6.2014, respectively, rendered by the learned Special Judge, Solan, H.P, in Sessions Trial No. 16 -S/7 of 2012, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sections 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 22.8.2012, SI/SHO, Police Station, Kasauli, Prabal Singh alongwith other police officials was on patrolling duty and checking traffic at Mini Bus Stand Kasauli. At about 8:15 PM, they saw accused coming from Military Hospital side towards Mini Bus Stand. On seeing the police, he turned back from the street light. He was carrying a bag in his right hand. They stopped him at some distance. They suspected some suspicious material in the bag carried by him. Amit Kumar came there in his vehicle. He was requested by the police officials to be a witness in the case. Another shopkeeper Brijesh Kumar was summoned by SI Prabal Singh through HC Sandeep Kumar. Thereafter, the police in the presence of these independent witnesses Amit Kumar and Brijesh Kumar gave in writing to the accused that he was being suspected of to be carrying some intoxicated material. The information under Section 50 of the ND & PS Act was reduced into writing vide memo Ext. PW -1/A. It was brought to the notice of the accused that he was free to get the carry bag searched from any Magistrate or Gazetted Officer or from the police officer at the spot. The information was given to the accused in the presence of Amit Kumar and Brijesh Kumar. The accused gave his consent to be searched by the police personnel. Thereafter, carry bag, red in colour Ext. P -2 was checked and inside it one blue coloured carry bag Ext. P -3 was taken out, which on checking was found to be containing black substance in the form of wicks. It was found to be charas. It weighed 1.3 kgs. The sealing process was completed on the spot. NCB forms in triplicate were filled in. Rukka Ext. PW -11/B was prepared and sent to the Police Station through Const. Mohd. Shahid. Thereafter, FIR Ext. PW -5/A was registered. The case property was handed over to MHC Bhupinder Singh for depositing in the malkhana. The case property was sent by HC Bhupinder Singh to FSL Junga through Const. Hem Raj. The FSL report is Ext. PW -10/A. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) MR . Pawan Kumar Sharma, 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, Addl. Advocate General for the State has supported the judgment/order of the learned trial Court dated 25/30.6.2014.