NARAYAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 18.2.2016 rendered by the learned Special Judge III, Solan, District Solan, Himachal Pradesh in Sessions Trial No. 6ASJII/7 of 2014, whereby appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for the commission of offence under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been convicted and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 50,000/-, for the commission of offence under Section 18 of the Act and in default of payment of fine, to further undergo simple imprisonment for one year.

(2.) Case of the prosecution, in a nutshell, is that on 17.4.2014, at about 5.30 PM, ASI Surinder Singh (PW-8), HC Govind Ram (PW-2), HC Madan Gopal, LHC Ashok Kumar (PW- 6), Constable Rajesh Kumar (PW-3) and LC Sita Devi proceeded in a private vehicle No. HP-01A-2848 in connection with patrolling duty towards Kandaghat, Solan, Kumarhatti. When they were present at Kumarhatti, ASI Surinder Singh received and secret information that a person wearing white half T-shirt and half black coloured jacket coming from Dharampur side towards Kumarhatti on National Highway No. 5 was holding a red coloured carry bag in his hand, having contraband.

(3.) Prosecution has examined as many as eight witnesses in support of its case. Accused was also examined under Section 313 CrPC. His case was that of denial simpliciter.