KARTIK SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 27.3.2015 rendered by learned Special Judge (I), Una (HP) in Sessions Trial No. 04/2014, whereby appellant -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 20 of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been convicted and sentenced to undergo four years rigorous imprisonment with a fine of Rs.30,000/ -, and, in default of payment of fine, to further undergo simple imprisonment for six months.

(2.) Case of the prosecution, in a nutshell, is that on 28.10.2013 late in the night around at 11.30 pm, a police party left the police station Sadar Una for new and old bus stands, Takka Road and Khad Par, Una for patrolling. At around 12.30 pm, while police party was proceeding towards bus stand from petrol pump near the bus stand, Una, accused was seen sitting in front of closed Kapila confectionery shop, who on seeing the police got frightened and started running towards bus stand. He was nabbed by the police around 25 -30 steps ahead in front of the shop of Radha Krishan (PW -8). PW -13 SI Durjesh Kumar called two independent witnesses Radha Krishan (PW -8) and Rohit Sharma (PW -9) and in their presence asked his name and whereabouts. Accused was holding a black coloured bag, on which words 'D -Diesel' were inscribed. On opening the black coloured bag, a polythene bag was found containing stick shaped hard black substance. It was found to be Charas. It weighed 350 grams. Contraband was put in the polythene bag in the same manner. Bag was wrapped in a cloth parcel and sealed with six impressions of seal 'A'. It was taken into possession vide seizure memo Ext. PW -8/B. IO filled in columns No. 1 to 8 of the NCB form, Ext. PW -1/C and embossed impression of seal 'A'. IO prepared Rukka Ext. PW -13/A and sent the same through HHC Satwinder Singh to Police Station Una, on the basis of which FIR Ext. PW -1/B was recorded by PW -1 Sh. K.L. Beri. IO prepared site map Ext. PW -13/B. IO produced the case property, NCB form in triplicate and accused before Inspector/ SHO K.L. Beri for resealing process of sealed parcel containing Charas. PW -1 K.L. Beri checked the parcel and resealed it with four seal impressions of 'T' and filled in columns No. 9 to 11 of NCB form, Ext. PW -1/C and further embossed seal impression 'T' on it. PW -1 K.L. Beri deposited the case property with MHC Ravi Kant (PW -11). On 30.3.2013, PW - 11 HHC Ravi Kant sent the case property alongwith copy of FIR and docket to FSL Junga through PW -10 HHC Satwinder Singh vide RC No. 175/13 (Ext. PW -8/B). Investigation was completed. Challan was put up in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as 13 witnesses in order to prove its case against the accused. Accused was also examined under Section 313 CrPC. Defence of accused was of denial simpliciter and that he was innocent and falsely implicated in the case. Accused was convicted and sentenced as noticed herein above. Hence, this appeal.