DHARAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 13.8.2014, rendered by the learned Special Judge, Mandi, H.P., in Sessions trial No. 21/2010, 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 period of 5 years and to pay a fine of Rs. 50,000/- and in default of payment of fine amount, to further undergo imprisonment for one year.

(2.) The case of the prosecution, in a nut shell, is that on 9.1.2010 PW-9 ASI Gurdyal Singh, the then I.O. PS Aut, alongwith PW-3 HC Hari Singh, Const. Bhupinder Pal and Const. Sudeep Kumar were on patrolling duty near Dalsani bridge at about 7:00 AM. Accused came there on foot. He was carrying a bag on his back. He tried to run away. He was apprehended. Search of the bag in possession of the accused was conducted and another bag was recovered from inside the bag which was containing charas in a polythene bag. It weighed 1 kg. The charas was put in the bag in the same manner in which it was recovered and thereafter put in a parcel which parcel was sealed with six seals of impression "M". The specimen of seal Ext. PW-3/B was drawn separately and seal impression "M" was also affixed over the NCB form. Rukka Ext. PW-9/A was prepared and forwarded to the Police Station through Const. Bhupinder Pal on the basis of which, FIR Ext. PW-8/A was registered. The spot map was prepared. The case property alongwith sample seal and NCB form was produced before PW-10 SHO Ramesh Prasher, who resealed the same with six seals of impression "A" vide memo Ext. PW-2/D. The case property along with the documents was deposited with PW-2 HC Kashmir Singh, the then MHC Police Station, Aut, who made entry in the malkhana register vide Ext. PW-2/A. The case property was forwarded to the FSL, Junga through PW-6 Const. Narender Kumar vide RC Ext. PW-2/B. Report of the Chemical Examiner is Ext. PW-5/A. 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 and sentenced the accused, as noticed hereinabove. Hence, this appeal.