VINOD KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment of 3.12.2013 rendered by the learned Special Judge-I, Sirmaur, District at Nahan, H.P., in Sessions trial No. 17-ST/7 of 2013, whereby the learned trial Court convicted and sentenced the appellant (hereinafter referred to as "accused") for his committing offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for shot "the Act"), as follows:-

(2.) Brief facts of the case are that on 25.1.2013, police party headed by PW-7 ASI Rajesh Pal was present at Do Sarka Mour in connection with traffic checking. At about 4.30 p.m. the vehicle bearing registration No. CH-04E-9616 being driven by accused Vinod Kumar was stopped. On demand of documents by the police officials, accused only produced the insurance certificate. The car occupied by the accused was checked and during checking one blue black colour bag was found in the dickey of the car containing vials of Rexcof cough syrup. In the meantime tractor bearing registration No. HP-71-1372 reached on the spot in which PW-1 Ram Chander and one Shri Varinder were sitting. They were joined by PW-7 and in their presence the bag was taken out from the dickey of the car. On counting the rexcof cough syrup vials were found to be 270. The accused could not produce any licence/permit for carrying these cough syrup vials in his car. photographs were clicked and thereafter the aforesaid vials were put back into the same bag which was sealed with seal impression V. NCB form was drawn. The case property was taken into possession vide memo Ex.PW-1/A. Rukaa Ex.PW-3/A was prepared, on the basis of which FIR Ex. PW-3/B came to be registered. Report of chemical examiner Ex. PW-7/C was obtained. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) The accused stood charged by the learned trial Court for his committing offence punishable under Section 22 of the Act to which he pleaded not guilty and claimed trial.