RAJU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal has been preferred against Judgment dated 19.3.2015 rendered by the learned Special Judge, Mandi, District Mandi, Himachal Pradesh in Sessions Trial No. 03/2010, whereby appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 20 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 a period of four years and to pay a fine of Rs.40,000/-, and in default of payment of fine, to further undergo simple imprisonment for six months.

(2.) Case of the prosecution, in a nutshell, is that PW-9 HC Jagdish Chand, PW-6 HC Lalit Kumar, Constable Ram Dass and Constable Lal Singh had gone for patrolling on 10.11.2009. At about 8.30 PM, police party was going towards Pandoh where accused was spotted. He was carrying a bag in his hand. Accused on seeing the police party turned around and tried to run away. the accused was overpowered and bag carried by him was searched. A polythene packet was recovered which was found containing Charas. It weighed 450 grams. The Charas was kept in a cloth parcel Ext P-1 alongwith carry bag Ext. P-2 and Polythene Ext P-3 and was sealed with 6 seals of impression 'H'. Sample seal Ext PW-6/A was drawn and NCB form Ext PW-6/B was filled in triplicate. IO thereafter prepared Rukka and sent the same to the Police Station through Constable Lal Singh. FIR Ext PW-5/A was registered by PW-7 Shakti Chand. IO also prepared spot map Ext PW-9/B and recorded statements of witnesses. Case property was produced before PW-10 Hari Pal Saini, the then SHO, Police Station, Sadar. Mandi, who resealed the parcel with 6 seals of 'U'. Sample seal Ext. PW-10/A was drawn and seal impression was also taken on NCB form. Case property was deposited with PW-

(3.) HHC Nand Lal, who made entry in the Malkhana Register. Case property was thereafter sent to the FSL Junga. Investigation was completed and Challan was put up in the Court after completing all codal formalities. 3. Prosecution has examined as many as eleven witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. Learned trial Court convicted the accused. Hence, this appeal.