HEM RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant -convict Hem Raj, hereinafter referred to as the accused, has assailed the judgment dated 17.4.2014, passed by Special Judge, Mandi, Himachal Pradesh, in Sessions Trial No. 19/2011, titled as State of Himachal Pradesh v/s. Hem Raj, whereby he stands convicted of the offence punishable under the provisions of Sec. 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 1,00,000/ - and in default thereof to further undergo imprisonment for one year.

(2.) It is the case of prosecution that on 22.1.2011, a police party, comprising of HC Jaswant Singh (PW -9), Constables Dhameshwar Singh (PW -8), Kashmir Singh and Narpat Ram, headed by ASI Ram Lal (PW -10), was on patrol duty. At 5 p.m., they had laid a Naaka at a place known as Kotla Nallah, NH -21. At about 5.30 p.m., accused, who was coming on foot, from the Aut side, seeing the police party tried to flee away. On suspicion, he was apprehended. On suspicion that he might be carrying some contraband substance, after informing him of his statutory right and obtaining his consent (Ex. PW -9/A), he was searched. From the knee caps worn by the accused on his legs, contraband substance in the shape of sticks, which appeared to be Charas, was recovered, which upon weighment was found to be 1.600 kgs. Contraband substance alongwith knee caps was sealed with 12 seals of seal impression 'R' and taken into possession vide Memo (Ex. PW -9/B). NCB form (Ex. PW -10/A) was filled up on the spot. Rukka (Ex. PW -8/C), so carried by Constable Dhameshwar Singh, led to registration of FIR No. 23, dated 22.1.2011 (Ex. PW -7/A) by SI Durga Dass at Police Station, Sadar (Mandi), Himachal Pradesh. With the file being taken to the spot, accused was arrested vide Memo (Ex. PW -9/C) and further proceedings completed. Contraband substance was produced before Inspector Surinder Pal, who resealed the same with six seals of seal impression 'S' and deposited it with MHC Thakur Singh (PW -3). The sealed parcel was sent for chemical analysis, through Constable Parma Nand and the same alongwith the report was brought back by Constable Sukh Ram (PW -5). Special Report (Ex. PW -1/A) was also sent to the Superior Officer. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

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