KISHORI LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 23.3.2015, rendered by the learned Special Judge (II), Chamba, H.P., in Sessions trial No. 412/2014, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the N.D. & P.S. 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 8.6.2014 HC Virender Singh (PW -12) IO SIU Chamba along with Constable Sunil Kumar (PW -1), Constable Yog Raj (PW -2) and Const. Sanjay Kumar (PW -3) proceeded in a private vehicle along with IO bag, electronic scale, camera etc. to lay a Nakka at Gharat Nalla. They reached the spot at about 7:30 AM. In the meanwhile, a person holding a black coloured bag in his right hand came on the road from hill side. On seeing the police, he tried to escape. It raised suspicion. The accused was apprehended. He disclosed his identity. When the bag of the accused was opened a green coloured packet containing black coloured hard substance in the form of bundles and sticks was recovered. It was found to be cannabis. It weighed 1 kg 450 grams. The codal formalities were completed on the spot. The rukka Ext. PW -12/A was sent to the Police Station through Const. Sunil Kumar (PW -1), on the basis of which, FIR Ext. PW -7/D was registered. ASI Subhash Chand (PW -13) deposited the case property with SHO/Inspector R.R. Thakur for resealing. SHO re -sealed the same. Thereafter, the same was handed over to MHC Prabhat Nahar (PW -7). The contraband was sent to FSL, Junga through HHC Diwan Chand vide RC No. 65/14. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as 13 witnesses. The accused was also examined under Sec. 313 Cr.P.C. The accused has denied the prosecution case. The learned trial Court convicted the accused, as noticed hereinabove.