GURMEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against judgment dated 9.5.2013 rendered by learned Special Judge Solan, District Solan, HP in Session Trial No. 20-NL/7 of 2011, whereby appellantaccused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), was convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 20,000/- and in default of payment of fine, to further undergo imprisonment for a period of six months.

(2.) Case of the prosecution, in a nutshell, is that on 12.7.2011 ASI Surender Singh (PW12) alongwith HC Tejender Singh (PW7), HHC Rajesh Kumar (PW8), Constable Ranbir Singh (PW6) Constable Dharam Pal and Constable Ram Pyare (PW-9) were present near Truck Union, Baddi, in connection with investigation of case at about 1.00 pm and accused came on the spot carrying a bag in his right hand. On seeing the police party he got perplexed. Nirmal Singh, PW-11 was associated as independent witness. The bag was searched and it contained 14 small polythene carry bags having poppy straw. Identification memo Ext. PW7/A was prepared. Poppy straw was weighed and it weighed 2.8 kgs. Recovered contraband was put in the same bag in the same manner, in which it was seized and bag was put into separate parcel sealed with 'S' impression and seized vide Ext PW7/D. Seal impressions were taken on a separate piece of cloth vide Ext. PW7/B. NCB form Ext. PW10/C was filled in triplicate by ASI Surender Singh and seal impression was affixed upon the same. Seal was handed over to witness Nirmal Singh vide memo Ext. PW7/C. Rukka Ext. PW12/A was prepared which was sent to police station through HHC Rajesh Kumar. FIR was registered vide Ext. PW10/A. Site plan was prepared. Parcel containing contraband alongwith sample seal, NCB form etc. was produced before SI Keshav Singh, who resealed the same with 8 seals of impression 'I' and issued resealing certificate Ext. PW10/E. Seal impression was also affixed on NCB form and sample of seal Ext. PW10/D was separately drawn and parcel alongwith sample seals, NCB form etc. were handed over to HC Madan Pal, PW-3, for depositing in Malkhana. Entry was made in the Malkhana Register vide Ext. PW3/A. Parcel containing contraband alongwith sample seals was produced before the Judicial Magistrate 1st Class Nalagarh on 13.7.2011. He issued certificate Ext. PW10/F. On 14.7.2011 the parcel alongwith sample seals, NCB form etc. was forwarded to FSL Junga through constable Ishwar Dass vide Ext. PW3/B. Copy of report of chemical examiner is Ext. PW12/E. Special report Ext. PW1/A was prepared. Investigation was completed and challan was put up in the Court after completing all codal formalities.

(3.) Prosecution examined as many as 12 witnesses to prove its case. Accused was also examined under Section 313 of the Criminal Procedure Code. According to him, he was implicated in the case falsely. Trial Court convicted and sentenced the accused as noticed herein above. Hence, this appeal.