BUDH RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 20.8.2011/26.8.2011, rendered by the learned Special Judge, Kullu, Distt. Kullu, H.P. in Sessions Trial No. 30 of 2008, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sections 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/ - and in default of payment of fine, he was further ordered to undergo imprisonment for one year.

(2.) THE case of the prosecution, in a nut shell, is that on 21.3.2008, the police party headed by Addl. SHO Tensin alongwith his team was present at Sharabai on NH -21 at 5:00 AM. At about 5:30 AM, the police party spotted the accused coming from Bhunter side who was going towards Bajaura side, carrying a black and light green coloured bag in his hand. On seeing the police party, the accused tried to flee away. He was nabbed by the police. The name and address of the accused was ascertained. The I.O. opened the bag being carried by the accused. It was found containing a synthetic blanket and wearing apparels and beneath it three polythene envelopes containing charas were found. The same were weighed. It weighed 4.00 Kg. The I.O. separated two samples of 25 gms. each from the recovered charas and put the same in separate cloth parcels. The remaining charas was also put in cloth parcel separately. All the parcels were sealed with seal impression "H" at four places each. The case property was taken into possession vide seizure memo Ext. PW -5/B and other articles were taken into possession vide memo Ext. PW -5/C. The personal search of the accused was also carried out. The I.O. found matchbox Ext. P -7, upon which words "Mangaldeep" were printed, in which stick shaped charas was found besides few match sticks. The same was weighed and it was found to be 10 gms. Thereafter, the I.O. has drawn a sample of 4 gms. from it. The sample and bulk charas were put in a separate parcels, which were sealed with seal "H" at two places each and taken into possession vide memo Ext. PW -5/G. Specimen of seal "H" was also taken on a piece of cloth. The I.O. thereafter, filled in the NCB -1 form in triplicate. The special report was prepared. The case property alongwith the requisite documents were sent to FSL on 23.3.2008 through PW -6 Tikam Ram. Const. Tikam Ram deposited the case property alongwith the requisite documents at FSL, Junga on 24.3.2008 and copy of receipt Ext. PW -1/C was deposited with the MHC on his return. The reports of FSL, Junga are Ext. PA and PB. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) MR . Dibender Ghosh, Advocate, appearing on behalf of the accused, has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. M.A. Khan, Addl. Advocate General for the State has supported the judgment of the learned trial Court dated 20.8.2011/26.8.2011.