SAJJAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) IN this appeal filed under Section 374 Cr.P.C., convict Sajjan Kumar has assailed the judgment dated 26.10.2013, passed by Special Judge -I, Sirmaur District at Nahan, H.P., in Sessions Trial No. 23 -ST/7 of 2013, titled as State of Himachal Pradesh Versus Sajjan Kumar, whereby he stands convicted for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.1,00,000/ - (rupees one lac) and in default thereof, further undergo simple imprisonment for a period of one year.

(2.) IT is the case of prosecution that on 28.12.2012, police party comprising of HC Jagir Singh, Constable Vicky (not examined), Baljeet Singh (PW.3), headed by SI Ankush Dogra (PW.7) were on patrol duty at Giripul (H.P). A Naka was set up and vehicles were checked. At about 5.30 PM, bus bearing No. HP -64 -7494, which came from Pulbahal side was checked. Accused, who was sitting inside the bus, was found carrying a yellow coloured bag on his lap. By associating independent witnesses Som Chand (PW.1) and Lokesh Attri (PW.2), the bag was checked and contraband substance weighing about 1 kg 865 grams was recovered. NCB form (Ex. PW.7/B) was filled up on the spot. The bag was sealed with a seal having impression 'P' and after taking sample of the seal on a separate piece of cloth (Ex. PW.7/A), seal was handed over to Som Chand (PW.1). The contraband substance was seized. Baljeet Singh (PW.3) carried Rukka (Ex. PW.3/A) which led to registration of FIR No. 119/2012, dated 28.12.2012 (Ex. PW.3/B), under the provisions of Section 20 of the NDPS Act, by ASI Rajinder Kumar (PW.4) at Police Station, Rajgarh, District Sirmaur, H.P., against the accused. Accused was arrested on the spot. Contraband substance was entrusted to MHC Ram Lal (PW.8), who after making entries in the Malkhana register sent the sample through Anil Kumar (PW.5) for chemical analysis, report (Ex. PW.7/J) whereof, was also obtained by the police. With the completion of investigation, which revealed complicity of the accused to the alleged crime, challan was presented in the Court for trial.

(3.) IN order to establish its case, in all, prosecution examined as many as eight witnesses. Statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he took defence of innocence and false implication. No evidence in defence was led by the accused.