CHANGA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 26.12.2014, rendered by the learned Special Judge (II), Chamba, H.P, in Sessions Trial Filing No. NDPS Act/195/2014 (regd. No. NDPS Act/26/2014), 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 simple imprisonment for one year.

(2.) THE case of the prosecution, in a nut shell, is that on 12.1.2014 at about 8:00 AM, ASI Rajesh Kumar, I.O., ASI Bhupinder Singh, HHC Surinder Kumar, Const. Shaukat Ali, Const. Gargesh Kumar, Const. Avnish Kumar and Lady Const. Asha Kumar with the I.O. kit were present near Lilah Pranehrui. They saw a person coming from Lilah side and he was going towards Dharwala. He was holding a green and light brown coloured bag in his hand. The accused after seeing the police party tried to run away from the spot. He was apprehended. The Investigating Officer had suspicion that the accused might be possessing some contraband and asked the accused person as to whether he wanted to give his search in the presence of the Magistrate or Gazetted Officer or to the police official present on the spot. Memo Ext. PW -1/A to this effect was prepared in the presence of ASI Bhupinder Singh and Const. Shaukat Ali. It was also signed by the accused. No independent witnesses could be associated as the place was isolated and there was no abadi near the place of occurrence. The bag of the accused was searched and inside the bag, there was black coloured hard substance in the form of slides and it was found to be cannabis. It weighed 4 kg. 600 gms. Cannabis was put in the same bag and it was sealed in a white coloured pulinda with six seal impressions of "T". It was taken into possession vide seizure memo Ext. PW -1/F in the presence of witnesses ASI Bhupinder Singh and Const. Shaukat Ali. Rukka was faxed to the Police Station, CID Bharari. The copy of rukka is Ext. PW -6/A. NCB forms in triplicate vide Ext. PW -8/C were filled in at the spot and seal impression "T" was also put on the NCB forms. The FIR was registered. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) MR . Vikas Rathore, 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 26.12.2014.