SANJAY KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 24.6.2015 rendered by the Special Judge, Chamba Division, Chamba in Sessions trial No. 24/2014/2010 whereby the appellant -accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offences punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years and a fine of Rs. 1,00,000/ - under Sec. 20(c) of the NDPS Act.

(2.) Case of the prosecution, in a nutshell, is that on 8.3.2010 at about 2.00 A.M. ASI Amar Nath, Incharge Police Post Nakrod alongwith other police officials, HC Deva Nand, HHC Subhash Singh, Constable Sandeep Kumar, Constable Som Parkash and SPO Tek Chand, was present at place Bear side road alongwith I.O. kit and emergency light. One person was found coming from Bear side. He got perplexed. He was carrying a rucksack on his back. He was nabbed. The police officials gave their personal search to the accused. Accused consented to be searched by the police party present at the spot and the memo in this regard was prepared. The place was secluded as there was no habitation in the area around 2 KMs. The rucksack was checked. It contained 1 kg 100 grams of charas. The recovered charas was put in the same bag and then it was packed in a cloth parcel which was sealed with seal impression 'T'. Specimen seal impressions were retained separately. The charas was taken into possession vide seizure memo. NCB forms were filled in triplicate. Site plan was prepared. On the same day at about 2.30 P.M., HC Deva Nand handed over the case property and accused to ASI Roshan Lal. He resealed the case property. Resealed memo was prepared. The case property was deposited with MHC Bachan Singh. He entered the same in Malkhana register. Bachan Singh handed over the case property to Constable Som Prakash for being taken to F.S.L. Junga for analysis on 9.3.2010. The police investigated the case and the challan was put up in the Court after completing all the codal formalities.

(3.) Prosecution examined as many as 9 witnesses to prove its case against the accused. Statement of accused under Sec. 313 Cr.P.C. was recorded. His defence was of simplicitor denial. Learned trial Court convicted and sentenced the accused as noticed hereinabove. Hence, this appeal.