DILBAG Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence passed by learned Special Judge, Mandi, whereby the appellant/accused has been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substance Act (for short 'N.D.P.S.') and sentenced to undergo rigorous imprisonment for four years and pay a fine of Rs. 30,000/ -, in default of payment of fine, to further undergo imprisonment for one year.

(2.) THE prosecution story as emerges from the record is that on 10.1.2010, Head Constable Satya Parkash (PW -5) along with HHC Ranvir Singh (PW -8), Constable Dina Nath (PW -2) and Constable Vyas Dev were on patrolling duty at Balwahan when at about 3.30 P.M. the accused came on the spot. He was carrying a bag in his right hand and on seeing the police party he started running back. Accused was apprehended on suspicion and upon search of the bag, he was found to be in possession of charas, which was wrapped in two parcels with yellow cello tape. The charas so recovered was weighed and found to be 400 grms. The charas was packed in a parcel and sealed with six seals of impression "N". NCB form Ex. PW4/C in triplicate were filled in at the spot and seal impressions were also affixed on the same and parcel containing charas was taken in possession vide memo Ex. PW5/A. The specimen of seal used Ex. PW5/B was taken separately and seal after its use was handed over to PW -8.

(3.) ON conclusion of the investigation, the prosecution submitted the charge sheet and on appearance of the accused copies thereof was supplied to him in accordance with law. On consideration, charges were framed against the accused, to which he pleaded not guilty and claimed trial. The prosecution examined eight witnesses in support of its case and after recording the statement of the accused under Section 313 Cr.P.C., learned Court below convicted the accused as aforesaid.