SATYA NARAYAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against Judgment dated 17.9.2014 rendered by learned Special Judge-II, Solan, District Solan, Himachal Pradesh in Sessions Trial No. 3-S/7 of 2013, whereby appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been convicted and sentenced to undergo ten years rigorous imprisonment and to pay a fine of '1.00 Lakh, in default of payment of fine, to further undergo simple imprisonment for one year.

(2.) Case of the prosecution, in a nutshell, is that HC Ambi Lal (PW-11) was posted as Investigating Officer, SIU Solan. On 20.2.2013, he alongwith police personnel was on patrolling and traffic checking towards Chambaghat, Salogra and Kandaghat. Police party was present at Chambaghat near police assistance booth when a bus bearing Registration No. HP-03B-6142 came from Shimla, which was going to Delhi. It was stopped for checking. All passengers were informed that they should take control of their luggage. HC Ambi Lal started checking bus from front side and when he reached near Seat No. 38, accused was found sitting on seat No. 38 carrying one black coloured rucksack having two strings. Daulat Ram (PW- 3) and Sunil Kumar (PW-2), Conductor were associated as independent witnesses. Bag was checked. It contained Charas.

(3.) Prosecution has examined as many as 11 witnesses to prove its case against the accused. Accused was also examined under Section 313 Code of Criminal Procedure.