PRADEEP SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal is directed against the impugned judgment rendered on 17.6.2014, by the learned Special Judge-I, Sirmaur, District at Nahan, H.P., in Sessions trial No. 69-ST/7 of 2013, whereby the learned trial Court convicted and sentenced the appellant (hereinafter referred to as "accused") for his committing offences punishable under Sections 18 & 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for shot "the Act"), as follows:-

(2.) Brief facts of the case are that on 24.9.2013, SI Yashwant Singh alongwith HC Madan Gopal and HC Manish left CID Headquarters at 9.30 a.m. for reconnoitering after entry of Rapat Ex.PW-10/A. The aforesaid officials visited to the police Station, State CID fromwhere HC Govind Ram, LHC Ashok, C. Suresh, LC Sita Devi and LC Kusum were joined. A secret information at Giripul Gaura road was received by them. On receipt of the information two independent witnesses Sandeep Kumar and Lekh Ram were joined. The accused was found to be present in his shop and the raiding party disclosed to him their intention to conduct search of his hotel, shop and residential room. Thereafter personal search of the accused and search of Dhaba were conducted however no incriminating article was recovered during his search. On search of the residential room of the back side of the building a steel almirah was found therein. Thereafter the accused provided the keys of the steel almirah. The same was opened and two polythene envelops containing charas and opium were recovered from it. After weighing charas was found to be 1 kg and opium was found to be 950 grams, respectively. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) The accused stood charged by the learned trial Court for his committing offences punishable under Sections 18 & 20 of the Act to which he pleaded not guilty and claimed trial.