ASHWANI KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal is directed against the judgment of 18.2.2013, rendered by the learned Special Judge, Fast Track Court, Una, H.P., in Sessions case No. 06-VII-2012, whereby, the learned trial Court convicted and sentenced the accused/appellant to undergo rigorous imprisonment for a period of ten years and to pay a fine in a sum of Rs.1,00,000/- (One Lac) and in default of payment of fine to further undergo rigorous imprisonment for a period of six months for commission of offence under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the ACT").

(2.) The facts, in brief are that, on 22.9.2011, the police party headed by HC Sanjay Kumar (PW-16) alongwith HC Naresh Kumar, C Ranjeet Singh and C Ram Gopal were on patrolling duty at Una Dhamandri Road at about 9.45 p.m. HC Sanjay Kumar received secret information of the accused Naresh Kumar and Ashwani Kumar being indulged in illegal business of selling poppy straw in the area and they are present at Badsala village near Datwara chowk and huge quantity of contraband can be recovered from them. Finding the information trustworthy, rukka comprised in Ex. PW-2/A was prepared and sent to the Police Station, Una through C Ram Gopal. On the basis of Rukka , FIR comprised in Ex. PW2/B had been registered. In the meantime, ASI Chaman Singh alongwith C Mohit Kumar came to the spot on motorcycle and facts of the case were disclosed to them by HC Sanjay Kumar.

(3.) The accused was charged, for, his having committed offence punishable under Section 15/61/85 of the NDPS Act, by the learned trial Court, to, which he pleaded not guilty and claimed trial.