KARTIK SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 24.1.2015, passed by learned Special Judge (I), Una, H.P. in Sessions Trial No. 28 of 2014, titled as State of Himachal Pradesh v. Kartik Singh, whereby appellant -accused stands convicted for having committed an offence punishable under the provisions of Section 20 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 three years and pay fine of Rs. 20,000/ - and in default thereof, to further undergo simple imprisonment for a period of six months, he has filed the present appeal under the provisions of Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 5.4.2014, police party headed by ASI Gaurav Bhardwaj (PW -10), comprising of HC Satish Kumar (PW -9), HC Vijay Kumar, HHC Khushvinder Pal (both not examined) and Constable Rajesh Kumar (PW -7) were on patrol and excise checking duty near Nagran. At about 10.40 p.m. when they reached at a place which was 200 mts. from Rampur Bazaar, they saw a man carrying a red coloured bag. Seeing the police party, hiding the bag, he tried to flee away. On suspicion he was nabbed. In the meanwhile two persons who were coming on scooter bearing No. HP -20 -1440 from Nagran side, were associated as witnesses. In the presence of Sohan Lal (PW -5) and Yashpal (not examined), accused was interrogated. On suspicion, red coloured bag carried by him was checked and 17 round shaped rolls, which appeared to be charas, were recovered. Scale for weighing the contraband substance was brought from the shop of one Shiv Lal (PW -6) and upon weighment was found to be 215 grams. The recovered stuff was kept in the very same bag, sealed with seal impression -A and seized vide memo (Ext. PW -5/A). Ruka (Ext. PW -4/A) sent through Const. Rajesh Kumar (PW -7), led to registration of F.I.R. No. 87 of 2014, dated 6.4.2014 (Ext. PW -4/B) at Police Station Sadar, Una, Distt. Una, H.P., against the accused under the provisions of Section 20 of the Act. With the completion of proceedings on the spot, including filling up of NCB form (Ext. PW -4/C), in triplicate, and arrest of the accused, case property was produced before SHO Krishan Lal Beri (PW -4), who after resealing the same with seal impression -R deposited it with MHC Puran Bhagat (PW -8) incharge of the Maalkhana. LHC Rajiv Kumar (PW -3) took the case property for chemical analysis to the State Forensic Science Laboratory at Junga vide Road Certificate No. 65/14 and report (Ext. PX) taken on record by the police which revealed the contraband substance to be charas. Special report (Ext. PW -2/A) himself taken by the Investigating Officer (PW -10) was handed over to the Superintendent of Police, Una. 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 eleven witnesses and the statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded false implication. No evidence in defence was led by him.