LAWS(HPH)-2007-9-51

SUNIL KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On September 10, 2007
SUNIL KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) SUNIL Kumar appellant stands convicted of an offence under Section 20 of the Narcotic Drugs and Psychotropic Substance Act, hereinafter called the 'Act', and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of rupees one lac and in default of payment of fine, to undergo imprisonment for six months by the trial Court. He has preferred the present appeal seeking reversal of his conviction into acquittal.

(3.) TWO sealed parcels containing the samples were sent to the Chemical Examiner along with NCB form Exhibit PW8/A. In the said NCB form, it was stated against column no. 6, 7 and 8 that the samples were marked as A1, A2, A3 and A4 and sealed with a seal that produced the impression of English letter 'N'. These two samples which were examined in the laboratory, as per the report of the Chemical Examiner, were marked A2 and A4 and the seals impressions fixed thereon tallied with the specimen seal impressions sent separately. The Chemical Examiner reported that one sample part contained 29.11% resin and the other 30.1% resin.