SHYAM PRASHAD Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 23.11.2015, rendered by the learned Special Judge, Kullu, H.P., in Sessions trial No. 61/2014, 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 Act), has been convicted and sentenced to undergo rigorous imprisonment for a term of fifteen 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 on 15.5.2014, as per bus ticket Ext. PW-1/D, accused was travelling in HRTC bus enroute to Manikaran from Haridwar. He was sitting on seat No. 10. PW-3 Deepak Kumar was conductor of the bus. On 16.5.2014, at about 6:30 AM, the police team headed by SI Raj Kumar along with HHG Hukam Ram, HHC Shyam Dass and HHG Hem Raj left Police Post Manikaran for routine patrolling and traffic checking towards Shangna road and Barshaini etc. At about 9:30 AM the police party was present at Tegrinullah, where accused was seen coming from Manikaran side. He was going towards Barshaini. The accused was having a rucksack (pithu bag). On seeing the police party, he stopped and turned back. While turning back, he threw the rucksack on a hedge towards right side of the river and then tried to run away. He was overpowered. He told that he was working with M/S Patel India Pvt. Company at Barshaini. Accused was brought to the place where pithu bag was thrown by him. SI Raj Kumar asked the accused to lift the bag having inscription "one Polar" over it. The place was isolated. PW-2 HHC Sham Dass was sent to call for independent witnesses, but no one was available. PW-10 SI Raj Kumar associated HHG Hukam Chand and HHC Shyam Dass as witnesses and pithu bag was searched. On checking the bag, charas was recovered. It weighed 10.496 kg. The I.O. packed the entire stuff in the same fashion in a cloth parcel and sealed with eight seals of letter "R". Samples of seal were also taken on a piece of cloth. IO also filled in NCB-I form in triplicate. Rukka Ext. PW-7/A was prepared and sent to the Police Station for registration of FIR. FIR Ext. PW-7/B was registered by SHO Sher Singh (PW-7). The case property was produced before SHO Neel Chand (PW-9). He resealed the same with three seals of letter "K". He also filled in relevant columns of NCB-I form and also drew sample seal of letter "K" vide Ext. PW-9/A. Thereafter, he deposited the case property with MHC Gajender Pal (PW-5) who made entry in the malkhana register vide Ext. PW-5/A at Sr. No. 149. The case property was handed over by HC Gajender Pal to Karam Dass (PW-6) who took the same to FSL Junga along with relevant documents vide RC No. 218 of 2014. The investigation was completed and the 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 ten 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.