STATE OF HIMACHAL PRADESH Vs. PARDEEP KUMAR

JUDGEMENT

(1.) Present appeal is filed against the judgment passed by the learned Additional Sessions Judge Fast Track Court Kangra at Dharamsala in Sessions Trial No. 15 of 2007 titled State of H.P. Vs. Pardeep Kumar.

(2.) Brief facts of the case as alleged by prosecution are that on dated 24.9.2006 at about 6 PM when police officials Police Station Dharamshala were on patrolling duty at place Sukkar they intercepted scooter No. HPK-6101 driven by accused and after conducting search of scooter 432 capsules of spasmo proxyvon were found. It is alleged by prosecution that sample of capsules took and thereafter sample parcels and remaining bulk quantity were sealed in parcel. It is alleged by prosecution that rukka Ext PW8/E was sent to Police Station on the basis of which FIR Ext PW8/F was registered. It is alleged by prosecution that on the receipt of rukka rapat No.10 was also recorded. It is alleged by prosecution that site plan Ext PW12/D was prepared at the spot by Investigating Officer. It is alleged by prosecution that NCB form Ext PW12/B was prepared in triplicate. It is alleged by prosecution that sample was again resealed in police station by Incharge Police Station Dharamshala. It is alleged by prosecution that thereafter sample was sent for chemical analysis to FSL Junga and thereafter report Ext.PA was received. It is alleged by prosecution that scooter was also impounded. Charge was framed against the accused on dated 17.7.2007 under Section 22 of Narcotic Drugs and Psychotropic Substances Act 1985. Accused did not plead guilty and claimed trial.

(3.) Prosecution examined as many as twelve witnesses in support of its case. <FRM>JUDGEMENT_12_LAWS(HPH)2_2015.html</FRM>