DARSHAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Assailing the judgment dated 21.2.2014, passed by learned Special Judge, Chamba Division, Chamba, H.P., in Sessions Trial No. 15 of 2013 (56/2013), titled as State of Himachal Pradesh vs. Darshan Singh, whereby accused stands convicted of the offence punishable under the provisions of Section 20 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for a period of 10 years and pay fine of Rs. 1,00,000/- and in default of payment of fine to undergo rigorous imprisonment for a period of one year, he has filed the present appeal under the provisions of Section 374 of the Code of Criminal Procedure, 1973.

(2.) It is the case of prosecution that on 9.3.2013 ASI Madan Lal had laid naaka near Toll Tax Barrier, Banikhet. Other police officials including Const. Amit Sharma (PW-1) and LC Tulsi Devi were present with him. While vehicles were being checked, police party saw the accused carrying a pithoo bag on his shoulder. On suspicion, in the presence of independent witnesses Raj Gill (PW-3) and Suresh Kumar (not examined), accused was apprehended and informed of his right of being searched in accordance with law. The accused consented to be searched before a Gazetted Officer vide consent memo (Ext. PW-1/A) and, as such, on the request so made, Dy.S.P. Raman Sharma (PW-8) arrived on the spot and conducted search of the accused. From the pithoo bag so carried by the accused, contraband substance i.e. charas, which upon weighment was found to be 2k.g. and 600 grams was recovered. The recovered contraband substance was put in the same carry bag and sealed in a parcel with seal impression-A. NCB form (Ext. PW-13/D) was filled on the spot and the contraband substance taken into possession vide recovery memo (Ext. PW-1/D). Ruka (Ext. PW-10/A) was sent for registration of case through LC Tulsi Devi (PW-2). Resultantly F.I.R. No. 19/2013, dated 9.3.2013 (Ext. PW-10/B) was registered against the accused under the provisions of Section 20 of the Act by HC Arun Kumar (PW-10), at Police Station Dalhousie, Distt. Chamba.

(3.) Accused was charged for having committed an offence punishable under the provisions of Section 20 of the Act, to which he did not plead guilty and claimed trial.