NIHAL SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 2.9.2014, rendered by the learned Special Judge-I, Sirmaur at Nahan, H.P, in Sessions Trial No. 67-ST/7 of 2013, whereby the appellant accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act), has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1,00,000.00 and in default of payment of fine, to further undergo simple imprisonment for one year.

(2.) The case of the prosecution, in a nut shell, is that on 30.1.2013, PW-7 SI Ankush Dogra, PW-1 Const. Anil Kumar, HC Jagir Singh and others left the Police Station in an official vehicle driven by Const. Vicky Kumar for patrolling. The police was present at a place 1 km ahead towards Neri Pul at about 5:20 PM. The accused was spotted coming from opposite direction. The accused, on seeing the police party got perplexed and tried to flee away. He was overpowered by the police. The place was secluded one. The accused was holding a pithu bag, which was checked in the presence of police officials. On search of the pithu bag, pink coloured cloth bag was found containing nine envelopes, in which charas in the shape of sticks, was found. The charas, so recovered from the possession of the accused, was weighed. It weighed 2 kg 250 grams. The charas was re-packed in the same manner and kept in cloth parcel, which was sealed with seal "I". NCB forms in triplicate were prepared and seal impression Ext. PW-2/B was drawn. The seal was handed over to Const. Vicky Kumar. The case property was taken into possession vide seizure memo Ext. PW-2/B. The I.O. prepared "rukka" Ext. PW-1/A and sent the same to the Police Station through Const. Anil Kumar. FIR Ext. PW-1/B was registered. The spot map Ext. PW-7/C was also prepared. The statements of the witnesses were recorded. The I.O. deposited the case property in the malkhana with PW-3 HC Purshotam Singh. PW-3 HC Purshotam Singh, made entry in the malkhana register at Sr. No. 250 vide Ext. PW-3/B. The case property along with the sample of seal and other relevant documents were sent to SFSL, Junga through Const. Anil Kumar PW-6 vide RC Ext. PW-3/C. The report of the FSL is Ext. PW-7/E. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as 7 witnesses. The accused was also examined under Sec. 313 Crimial P.C. According to him, he was falsely implicated in the case by the police. The learned trial Court convicted and sentenced the accused, as noticed herein-above.