LAWS(HPH)-2016-4-96

NAND LAL Vs. STATE OF HIMACHAL PRADESH

Decided On April 21, 2016
NAND LAL Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The instant appeal has been filed against Judgment dated 15.12.2014 rendered by the learned Special Judge, Chamba, Division Chamba, HP in Sessions Trial No. 13/2014, 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 ten years and to pay a fine of Rs.1.00 Lakh, 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 31.1.2014, Head Constable Virender Singh, Investigating Officer, of SIU Chamba alongwith other police officials i.e. HHC Mohammad Aslam, Constable Sunil Kumar and Constable Yog Raj was present at Chakoli within the jurisdiction of Police Station, Kihar at about 6.15 AM, for patrolling. In the meantime, a person holding a carry bag in his right hand came from Diur side. On seeing the police, he turned back and tried to escape towards Diur side. He was chased and overpowered by Head Constable Virender Singh with the help of other police officials. He disclosed his identity. Carry bag of the accused was checked. It contained one yellow bag. The said yellow bag contained black substance in the shape of sticks and bundles of sticks. It was checked and found to be Charas/cannabis. It weighed 2 kg. Recovered charas was put in the same carry bag and packed in a cloth parcel and it was sealed with 5 seal impressions of 'K'. NCB form in triplicate was filled in and seal impression 'K' was embossed thereon. Seal after use was handed over to Constable Yog Raj. IO Virender Singh prepared Rukka and sent the same to the Police Station, Kihar for registration of FIR through Constable Yog Raj. FIR was registered. Site plan was prepared. Case property was produced before SI Darshan Singh for resealing. He resealed the same with 5 seal impressions of 'H' and also affixed impression of seal 'H' on the NCB form. SHO Darshan Singh also prepared reseal memo in this regard. Case property alongwith specimen seal impressions, NCB form etc. was deposited with the MHC. Recovered Charas was sent to the FSL Junga for chemical examination. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as 11 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 as noticed herein above. Hence, this appeal.