CHAMAN LAL Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 15.2.2016, rendered by the learned Special Judge, Kullu, H.P., in Sessions trial No. 30/2015, 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 convicted and sentenced to undergo rigorous imprisonment for a term of ten years along with fine of Rs. 1,00,000/- and in default of payment of fine, the accused was further ordered to undergo simple imprisonment for a period of one year.

(2.) The case of the prosecution, in a nut shell, is that in the year 2014, SI Basant Singh (PW-7) was posted in Crime Branch, Mandi. On 10.12.2014, as per rapat Ext. PW-3/G, PW-7 SI Basant Singh along with Insp. Chandra, ASI Harsh Kumar and others was present at Jagatsukh Project Road, near Dohangan nullah for patrolling and 'nakabandi'. At about 3:35 PM, the team of CID police noticed accused coming towards them from the project area side. The accused tried to run away. He was overpowered. The place where the accused was apprehended was isolated. No independent witnesses were present. The I.O. apprised the accused of his legal right to be searched either before the Gazetted Officer or the nearest Magistrate. The accused gave his consent vide memo Ext. PW-1/A.

(3.) The prosecution, in order to prove its case, has examined as many as nine witnesses. The accused was also examined under Section 313 Cr.P.C. According to him, he was falsely implicated. The learned trial Court convicted the accused, as noticed hereinabove. Hence, this appeal.