SANJIV KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 16.10.2015, rendered by the learned Special Judge -I, Una, H.P., in Sessions Case No. 31 of 2014, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sec. 15 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 10 years and to pay fine of Rs. 1,00,000/ - and in default of payment of fine, he was further ordered to undergo simple imprisonment for one year.

(2.) The case of the prosecution, in a nut shell, is that on 17.2.2014, the police party headed by S.I./SHO Harjit Singh (PW -18) alongwith ASI Rajinder Singh, ASI Paras Ram etc. proceeded to Santoshgarh -Tahliwal side for setting up nakka at Swan bridge in government vehicle. At around 11:40 PM, the police party put Nakka and at around 12:40 AM, one vehicle came from Santoshgarh side. ASI Rajinder Singh gave signal to the driver for stopping the vehicle with the help of torch light. The truck driver stopped the vehicle and tried to jump out from the door but he was nabbed. He disclosed his name as Sanjiv Kumar. The truck was checked with the help of torch light and eight plastic white coloured bags which were tied were recovered. The recovered plastic bags were taken out from the tool box of the truck and were opened. The bags were found containing poppy straw and identification memo Ext. PW -14/A was prepared. PW -13 HC Shakti Nandan was deputed for arranging electronic scale. He brought the same after one hour. The bags were weighed with the help of electronic scale. Five bags were found containing 29.500 kg poppy straw each, one bag was found containing 25 kg and another bag was found containing 27.500 grams and last bag was found containing 26 kg poppy straw. The bags were marked as S -1 to S -8 and total weight of recovered stuff was 226 kgs. The I.O. took homogeneous samples i.e. 500 grams poppy straw from each bag in eight separate polythene bags and the samples were tied and sealed in eight cloth parcels and marked as T -1 to T -8. The plastic bags were sealed with seal "R". The sample impression of seal "R" was taken on a piece of cloth vide Ext. PW -14/D. NCB form was filled in. No independent witness was available on the spot and only police officials were associated as witnesses. Rukka Ext. PW -18/A was sent to PS Haroli through PW -13 HC Shakti Nandan, on the basis of which FIR Ext. PW -17/A was registered. The I.O. prepared the site plan. The case property was re -sealed with seal impression "K" by PW -17 ASI Suresh Kumar. The case property was handed over with sample seals "R" and "K" alongwith truck, documents and keys to MHC Subhash Chand and PW -17 ASI Suresh Kumar issued the certificate of resealing Ext. PW -17/D. The case property was sent for chemical examination vide RC No. 37/17. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as 18 witnesses. The accused was also examined under Sec. 313 Cr.P.C. The accused has denied the prosecution case. The learned trial Court convicted the accused, as noticed hereinabove. Hence, this appeal.