DARSHAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE present appeal under Section 374 of the Criminal Procedure Code is directed against the judgment of the Presiding Officer, Fast Track Court, Una dated 18.1.2006 whereby he has convicted the appellant for offences under Sections 18 (C) and 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act). He has been sentenced to undergo imprisonment for a period of 7 years and pay fine of Rs.30,000/- in respect of offence under Section 18(C) and has been sentenced to rigorous imprisonment for 5 years and to pay a fine of Rs.20,000/- in respect of offence punishable under Section 20(b)(ii)(B). In default of payment of fine he has been further directed to undergo imprisonment for one year.

(2.) BRIEFLY stated the prosecution case is that on 20.10.2003 PW-3 Constable Devinder Singh received some secret information at Virbhadhra Chowk that accused Darshan Singh who is resident of Ward No.4 Santokh Garh is indulging in the business of sale of "Charas" and "Opium" and he also received information that in case a raid is conducted the said contraband can be recovered from the house of the accused. After receiving the information he was proceeding towards the police post of Santokhgarh when he met PW-11 Surinder Sharma who was the SHO, Police Station, Una. He accordingly informed Sh.Surinder Sharma about this information.

(3.) THE prosecution examined as many as 11 witnesses in support of the case. Statement of the accused under Section 313 Cr.P.C. was recorded which is a statement of total denial. The accused did not choose to examine any evidence in defence.