SANJEEV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE instant appeal is directed against the judgment of the learned Special Judge -III, Kangra at Dharamshala, District Kangra, Himachal Pradesh, rendered on 13.03.2015 in Session Case No. 4 -J/VII/2014, whereby, the learned trial Court convicted the accused for his having committed an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "NDPS Act") and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/ - and in default of payment of fine, sentenced him to suffer rigorous imprisonment for two yeaRs.

(2.) THE facts relevant to decide the instant case are that on 16.07.2013 HC Sanjeev Walia, the Investigating Officer, SIU was present at village Sihal at 2.15 P.M. along with H.C. Kuldeep Kumar, Constable Ashish Kumar, Constable Kujljeet Singh and Drugs Inspector Ashish Raina when a secret information was received that the accused has kept contraband such as Spasmo Proxyvon and Parvon Spas for sale in his rented store at village Dhameta and if raided, huge quantity of contraband can be recovered. On this, information under Section 42(2) of the NDPS Act was sent to DSP Jawali. The police party headed by H.C. Sanjeev Walia proceeded to village Dhameta to raid the store of the accused. Pradhan Gram Panchayat, Nirjala Devi and Ward Panch Kewal Krishan were also associated in the raiding party. The store of the accused was found locked and the accused was called and asked to open the store. The SDPO, Jawali, Dharampal also reached the spot. During the search, one carton was recovered from the store and on checking the same, 38 boxes of Parvon Spas containing 7600 capsules and 8 boxes of Spasmo Proxyvon containing 1142 capsules were recovered. The Investigating Officer filled in NCB form in triplicate. The case property was taken into possession vide recovery memo Ex. PW 1/A and was sealed in a parcel with twenty seals of seal impression 'V'. After obtaining specimen seal impression on a separate piece of cloth, seal after use was handed over to witness Nirjala Devi. The Investigating Officer prepared rukka and same was sent to Police Station, Fatehpur through C. Kuljeet Singh for registration of a case upon which formal FIR was registered. During the Investigation, Investigating Officer prepared the site plan and recorded the statements of the witnesses. Special report was submitted to DSP, Jawali. The accused was arrested. During the investigation, accused could not produce any permit for possessing the aforesaid contraband. The case property was resealed by SI Tilak Raj, SHO, Police Station, Fatehpur, with ten seals of seal impression 'N' and to this effect reseal certificate was also prepared. The case property was sent to SFSL, Junga for chemical analysis. On receipt of SFSL Report, the samples were found to be that of Dextropropoxyphene Hydrochloride Capsules.

(3.) THE accused was charged by the learned trial Court for his having committed an offence under Section 21 of the NDPS Act. In proof of the prosecution case, the prosecution examined 15 witnesses. On conclusion of recording of the prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure was recorded by the Court, in which the accused claimed innocence and pleaded false implication. He chose not to not lead evidence in defence.