NANAK CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PRESENT appeal has been filed against Judgment dated 5.1.2011 rendered by learned Additional Sessions Judge, Mandi, HP camp at Karsog in Sessions Trial No. 7 of 2010, whereby appellant -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been convicted and sentenced to undergo rigorous imprisonment for twelve years and to pay a fine of Rs. 1,20,000/ -, and, in default of payment of fine, to further undergo simple imprisonment, for two years.

(2.) PROSECUTION case, in a nutshell, is that PW -11 SI Amar Singh, PW -9, Constable Pitamber, PW -2 Constable Jitender, HC Jagdish, LC Neelam and HHC Bodh Raj were present at Dhurmu on 29.11.2009 at 5.15 PM. Accused came from Kelodhar side carrying a backpack (Ex. P2) on his back. He was stopped. A truck bearing registration NO. HR -37 -A 5120 came from Kotlu, which was signaled to stop. Prem Singh was driving the said truck. Prem Singh was associated as a witness. Accused disclosed his name as Nanak Chand. Accused appeared to be frightened. PW -11 SI Amar Singh told the accused that he was suspecting possession of some narcotic and accused was having a right to be searched before a competent gazetted officer or a Magistrate. Accused gave his consent to be searched by the police. Memo Ext. PE was prepared. Witnesses Prem Singh and Jatinder gave their search to the accused. Backpack was checked. It was found containing one polythene bag (Ext. P3), which was containing another polythene bag (Ext. P4). Polythene bag was opened and it was found containing black coloured substance in the form of large and small spheres and small sticks. It was found to be charas. Charas was weighed. It weighed 9 kg. Charas was put back in the same polythene bag from which it was recovered. The polythene bag was put in another bag and this polythene bag was put in the backpack. Backpack was sealed in a parcel with 8 seals of impression 'H'. Seal impression was taken separately on a piece of cloth and one such impression is Ext. PD. NCB -I form (Ext. PR) was filled in triplicate. Seal impression was also taken on this form. Seal was handed over to Prem Chand after use. Seizure memo Ext. PE and Ext. PF were prepared. Rukka Ext. PS was prepared and sent to Police Station through constable Pitamber. FIR Ext. PK was registered in the Police Station. Case file was sent to the spot through Constable Pitamber. Investigation was completed. Challan was put up in the Court after completing all codal formalities.

(3.) PROSECUTION examined as many as eleven witnesses to prove its case against the accused. Accused was also examined under Sec. 313 CrPC. He denied the case of the prosecution. Accused was convicted and sentenced as mentioned above. Hence, this appeal.