LUDAR CHAND Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 5.10.2015, rendered by the learned Special Judge, Mandi, H.P., in Sessions trial No. 02/2012, whereby the appellant-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act), has been sentenced to rigorous imprisonment for a term of eight years along with fine of Rs. 80,000/- and in default of payment of fine, he was further ordered to undergo simple imprisonment for a period of six months.

(2.) The case of the prosecution, in a nut shell, is that PW-10 ASI Ram Lal, PW-2 HC Narpat Ram, PW-3 HC Krishan Kumar and others were on patrolling duty in a private vehicle on 30.10.2011. The police party laid a naka at Sukki-Bain on National Highway No. 21, as per spot map Ext. PW-10/B. The accused came from Pandoh side on foot carrying a bag in his right hand. On seeing the police party, he turned around and tried to run away. He was apprehended. The place where the accused was apprehended was desolate and no independent witness was available. PW- 10 requested the occupants of the vehicles crossing thereby to join the investigation, but all of them declined. He associated HC Krishan Kumar and Const. Dhameshwar Singh as witnesses. The carry bag carried by the accused was searched and black coloured substance in the shape of rectangle and chapattis wrapped in newspaper was found. It was found to be charas. It weighed 800 grams. The charas Ext P-5 along with carry bag Ext. P-2, news paper Ext. P-3 and wrapper Ext. P-4 were sealed in a cloth parcel Ext. P-1 with 9 seals of impression "A". The NCB form Ext. PW-8/A was filled in triplicate on the spot. Facsimile of seal "A" was taken on NCB forms. The case property along with the relevant documents was taken into possession vide seizure memo Ext. PW-10/A. Rukka Ext. PW-2/B was prepared and sent to the Police Station through LHC Narpat Ram, on the basis of which FIR Ext. PW-2/C was registered. The spot map was prepared. The case property was produced before PW-8 SHO Surender Pal who resealed the same with three seals of impression "C" and took facsimile of seal "C" on the NCB form. The case property was deposited with HHC Thakur Singh. He entered the same in the malkhana register vide Ext. PW-5/A. The case property was sent to FSL, Junga through MHC Mansukh Ram vide RC Ext. PW-5/B. The report of the FSL is Ext. PX. The investigation was completed and challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as eleven witnesses. The accused was also examined under Section 313 Cr.P.C. His case is of denial simplicitor. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, this appeal.