NAROTAM RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 3.12.2009, rendered by the learned Special Judge, Mandi, H.P, in Sessions Trial No. 33 of 2009, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 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 17.12.2008 at about 5:20 P.M., ASI Amar Nath alongwith HC Satya Parkash, HC Hari Singh and Const. Ashok Kumar were on patrolling at Larji Dam towards Shihli Larji. On reaching about 400 meters beyond Larji Dam, the police noticed the accused with a bag on his back. On seeing the police party, the accused got nervous and tried to flee. The accused was apprehended. The police after intercepting the accused checked the bag in his possession. On checking the bag of the accused, another black bag tied with a polythene was recovered containing charas in the shape of sticks and balls. It weighed 4 kg. 200 gms. Two samples of 25 grams each were separated and sealed in two separate parcels with four seals of "Y". The bulk charas was also sealed in a separate parcel with six seals of impression "Y" and specimen seal impression Ext. PW -7/A was drawn and NCB forms in triplicate Ext. PW -7/B were filled in and seal was handed over to HC Hari Singh. The charas and the specimen seal impression were taken into possession by the police as per memo Ext. PW -1/A. Rukka Ext. PW -8/B was prepared and forwarded through Const. Ashok Kumar to the Police Station, on the basis of which, FIR Ext. PW -2/C was registered. The spot map was prepared. The case property was handed over to SHO Shreshtha Thakur, P.S. Aut by ASI Amar Nath. She resealed the case property with seal "M" and deposited the same with the MHC, PS Aut. The special report Ext. PW -4/A was prepared. Sample was sent for chemical analysis to FSL, Junga. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) MR . Ajay Sharma, 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. Ramesh Thakur, Asstt. AG, for the State has supported the judgment of the learned trial Court dated 3.12.2009.