VINAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal has been instituted against Judgment dated 28.2.2015 rendered by learned Special Judge, Mandi, District Mandi, Himachal Pradesh in Sessions trial No. 12/2011, whereby appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for commission of offence under Sections 18 and 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1.00 Lakh and in default of payment of fine, to further undergo simple imprisonment for six months under Section 20 of the Act. He has also been convicted and sentenced to undergo imprisonment for five years and to pay a fine of Rs. 50,000/- in default of payment of fine, to further undergo simple imprisonment for six months, under Section 18 of the Act. Both the sentences shall run concurrently.

(2.) Case of the prosecution, in a nutshell, is that on 17.2.2011 at about 11.30 am, ASI Sohan Lal PW-8, Constable Tulsi Ram PW-5 and Constable Prem Singh were present at Larji for patrolling duty. Accused was spotted coming from Larji side holding a bag on his left shoulder. On seeing the police party, he turned around and tried to escape. Accused was apprehended. Search of the bag was carried out. One cotton bag containing two packets was recovered. On opening of the packets, Charas was recovered from one packet and from another packet opium was recovered. Charas weighed 2.5 kgs and opium weighed 500 gms. Charas alongwith polythene packets, cotton bag and bag was put in a parcel which was sealed with seal impression 'B'. Case property was sealed and NCB form was filled in. On the basis of Rukka Ext PW-6/A, FIR Ext PW-6/B was registered. Site map was also prepared. Case property was produced before Inspector Dorje Ram. He resealed the same with 9 seals of impression 'T'. Case property was deposited with PW-7 HC Raj Mal MHC Police station. Necessary entries were made by him in the Malkhana register. Case property was sent to Forensic Science Laboratory through PW-3 Constable Rajneesh Kumar. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as 8 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He denied the case of the prosecution. Trial Court convicted and sentenced the accused as noticed herein above. Hence, this appeal.