FARID DEEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 20.11.2015 rendered by learned Special Judge -II, Kangra at Dharamshala, District Kangra (HP) in Session Case No. 15 -D/VII/2014, whereby appellant and another co -accused were charged with and tried for offence under Ss. 20 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake). The appellant -accused (hereinafter referred to as 'accused' for convenience sake) has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1.00 Lakh, in default of payment of fine, to further undergo rigorous imprisonment for a period of two years for offence under Sec. 20 of the Act. Co -accused Gani Mohammad was acquitted of offence under Sec. 29 of the Act.

(2.) Case of the prosecution, in a nutshell, is that on 8.1.2014 ASI Ajit Kumar, In charge, Police Post Kandwal was on patrolling duty alongwith other police officers. He was checking traffic at Pail Lodhwan. At about 4.40 pm a car No. PB -35B -5642 came from Bhadroya side and was stopped. Surjeet Singh and Suvinder Singh were sitting in the car and while their documents were being checked, a silver coloured Maruti 800 Car No. HP -39A -1944 came from Kandwal side. Accused, Farid Deen was driving the car. Car was stopped and its documents were demanded. A bag was found lying under the driver seat and on checking the bag in the presence of Surjeet Singh and Suvinder Singh. Charas in the shape of sticks and balls was found, which weighed 2.200 kgs. It was sealed in a cloth parcel with 5 seals of 'A'. Seal after use and obtaining specimen seal was handed over to Surjeet Singh. Investigating Officer filled up the NCB form. Charas was taken into possession in the presence of witnesses. Investigating Officer thereafter prepared Rukka and sent the same through HHC Naresh Kumar to Police Station Nurpur for registration of case. FIR was registered at Police Station Nurpur. Investigating Officer prepared spot map. Accused alongwith Charas was produced before SI Tilak Singh, SHO PS Nurpur, who resealed the Charas with four seals of 'K' and filled up relevant columns of NCB form in triplicate and deposited the Charas alongwith relevant documents with MHC, Police Station, Nurpur. Contraband was sent for chemical examination. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as 20 witnesses to prove its case against the accused. Accused was also examined under Sec. 313 CrPC. He pleaded innocence. Learned trial Court convicted and sentenced the accused as noticed herein above. Hence, this appeal.