ASHOK KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT -convict Ashok Kumar, hereinafter referred to as the accused, has assailed the judgment dated 23.4.2012, passed by Special Judge, Chamba, Division Chamba, Himachal Pradesh, in Sessions Trial No.2 of 2011, titled as State v. Ashok Kumar, whereby he stands convicted of the offence punishable under the provisions of 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 1,00,000/ - and in default thereof, to further undergo simple imprisonment for a period of one year.

(2.) IT is the case of prosecution that on 21.11.2010, HC Kartar Singh (PW -11) alongwith HC Mohammad Aslam (PW -10) and Constable Yakub Mohammad (PW -9), were on patrol duty in Drada, Bathri, Banikhet, Nanikhud and Tunuhatti area. At about 3.30 p.m., when they reached at a place known as Daled, where independent witness Parth Sharma (PW -8) and Mohan Singh were also present, they saw the accused carrying a bag on his shoulder. Seeing the police party, he tried to flee away, but however, on suspicion, was overpowered. Bag of the accused, after obtaining his consent (Ex.PW.8/A), so required in law, was searched, from which another pink coloured bag (Ex.P -2 and P -3) containing Charas (Ex. P -4) was recovered. Upon weighment, it was found to be of 2 kgs. Police party sealed the same with five seals of seal impression 'K'. NCB form (Ex.PW -6/C) was also filled up on the spot. Sample of seal was taken on a piece of cloth (Ex.PW -8/C). Mohammad Aslam took Ruka (Ex.PW -7/A) to the Police Station, on the basis of which FIR No.117 of 2010, dated 21.11.2010 (Ex.PW -3/A), under the provisions of Section 20 of the Act, was registered at Police Station, Dalhousie, District Chamba, Himachal Pradesh, against the accused. With the completion of investigation on the spot, police party returned to the Police Station, where the contraband substance was resealed by SHO Biswas Kumar (PW -6), who put three seals of seal impression 'B'.

(3.) ACCUSED was charged for having committed an offence punishable under the provisions of Section 20 of the Act, to which he did not plead guilty and claimed trial.