SHAMSHED ALI Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT -convict Shamshed Ali, hereinafter referred to as the accused, has assailed the judgment dated 19.3.2012, passed by Special Judge, Fast Track Court, Shimla, Himachal Pradesh, in Sessions Trial No. 13 -S/7 of 2011, titled as State of Himachal Pradesh v. Shamshed Ali, whereby he stands convicted of the offence punishable under the provisions of Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), and sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 1,00,000/ -, and in default of payment thereof, to further undergo simple imprisonment for a period of two years.

(2.) IT is the case of prosecution that on 26.1.2011, SI Chaman Bhatia (PW -9), alongwith police party comprising of Constable Surat Singh (PW -2), Constable Virender Sharma (PW -3) and ASI Kishore (PW -7), amongst others, was present at a place known as Fediz Bridge. They were on patrol duty and before departure had recorded such entry (Ex. PW -9/D) at the Police Station. At about 4.30 p.m., police party stopped a motorcycle bearing No.UA -07N -9701 driven by the accused, which was checked and from the dickey, contraband substance wrapped in a polythene packet (Ex. P -2) was recovered. After associating independent witnesses, including Beni Ram (PW -1) a local shopkeeper, the contraband substance, which was weighed and found to be 4.5 kgs, was sealed with seal impression 'M'. Also, photographs (Ex. PW -7/A1 PW -7/A8) were taken of the proceedings conducted on the spot. Ruka (Ex. PW -9/B) was sent through Constable Surat Singh, on the basis of which FIR No. 4, dated 26.1.2011 (Ex. PW -9/C), under the provisions of Section 20 of the Act, was registered at Police Station, Nerwa, District Shimla, Himachal Pradesh. File was taken back to the spot. Whereafter, further proceedings were completed. Accused was arrested and informed of the grounds of his arrest. Contraband substance alongwith the NCB forms, so filled up in triplicate, was entrusted to MHC Kartar Singh (PW -6), who after entering the same in the Malkhana Register (Ex. PW -6/A), kept it in safe custody. The seized contraband substance was sent, through Constable Naresh Kumar (PW -8), to the Forensic Science Laboratory, Junga. Report of the Chemical Examiner (Ex. PW -9/G) was obtained and taken on record. Special Report (Ex. PW -4/A), so prepared by SI Chaman Bhatia, was sent to the Deputy Superintendent of Police, through Constable Ashok Kumar (PW -4), which was received by ASI Parkash Chand (PW -5). With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as nine witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he took the following defence: