ANIL KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal stands directed by the accused/convict against the judgment of the learned Special Judge, Fast Track Court, Una rendered on 30.11.2006 in Sessions Case No. 3/2006/Sessions trial No. 18/2006, whereby, the latter returned findings of conviction against the accused/convict for his committing an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act). The learned trial Court proceeded to hence sentence him to undergo rigorous imprisonment for five years for commission of offence under Section 20 of the NDPS Act besides sentenced him to pay a fine of Rs.50,000/-, in default of payment of fine he was sentenced to undergo further simple imprisonment for one year.

(2.) The facts relevant to decide the instant case are that on 21.12.2003 at about 3.00 p.m. Nardev Singh, H.C., CIA Staff, Una was present near petrol pump Behlan along with other police officials in a private vehicle where he received an information from H.C. Rajinder Singh of CIA Staff, Una that the accused is illegally selling charas to his customers near a brick kiln at Behdala. On this information, Nardev Singh recorded the statement of Rajinder Singh, Ex.PW1/A under Section 154, Cr.P.C. and sent the same to P.S. Una for registration of a case and he himself proceeded towards brick kiln, Behdala after forming a raiding party. The accused was found present there. He after completion of Codel formalities conducted the search of the accused and on search one plastic envelope containing 500 grams of charas was recovered from the pocket of the pant of the accused.

(3.) On conclusion of the investigation, into the offence, allegedly committed by the accused, report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.