DHARMENDER SINGH Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 29.10.2014, rendered by the learned Special Judge (III), Mandi, H.P., in Sessions trial No. 34/2012, 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 sentenced to rigorous imprisonment for a term of seven years along with fine of Rs. 1,00,000/- and in default of payment of fine, he was further ordered to undergo simple imprisonment for a period of one year.

(2.) The case of the prosecution, in a nut shell, is that on 13.6.2012, HC Jagdish Chand, HHC Tej Ram, HHC Hoshiyar Singh, Const. Jaswant Singh and Const. Ravi Kumar were on patrolling duty at place Jalogi. At about 7:30 AM, accused was seen coming from Kullu side on foot. He tried to run away. He was apprehended. Accused was carrying black and blue colour bag on his right shoulder. It was a secluded place, therefore, no independent witness was available in the vicinity. The accused was apprised of his legal right to get himself searched either before a Magistrate or a Gazetted Officer. The accused consented to be searched by the police. The personal search of the accused was carried out. The bag of the accused was also searched. One transparent envelope was found inside the nicker and inside that envelope, ball shaped and chapatti numa charas was recovered. It weighed 700 grams. The charas was put back in the same manner inside the bag and it was sealed with seal impression "U". NCB form in triplicate was prepared. The seal after use was handed over to HHC Tej Ram. Rukka was sent to the Police Station and FIR was registered. 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 nine witnesses. The accused was also examined under Section 313 Cr.P.C. His case is of denial simplicitor. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, this appeal.