AMAR CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant stands convicted by the learned Special Judge, Kullu, District Kullu, H.P. on 20.10.2016 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) in Sessions Trial No. 27 of 2015 and has filed the instant appeal.

(2.) The prosecution story, in brief, is that on 3.2.2015, as per Rapat, Ex. PW-5/A, a police team headed by HC Sunil Kumar (PW-5), left the Police Station, Bhunter, for routine patrolling and 'Nakabandi' towards Jachhni on Bhunter-Manikaran road in an official vehicle No. HP-34A9984, being driven by HHG Khub Ram. At about 8.20 P.M. when the police party was present at Jachhni, they saw the appellant coming on foot from Chharor nullah side carrying one rucksack (Pithu Bag) on his back. On seeing the police party, the appellant turned back and threw the bag in the bushes and tried to flee from the spot. This act on the part of the appellant raised suspicion, therefore nabbed at a distance of about 15 meters. The place being a secluded one, the Investigating Officer (PW-5) sent LHC Manoj Negi to bring independent witnesses, but no such witnesses could be found and then the I.O. associated PW-3 LHC Manoj Negi and Hitesh Kumar (PW-4) as witnesses and in their presence, the I.O. inquired about the name and address of the appellant and upon disclosure of the same further inquired as to why he had thrown the bag, but the appellant could not give any satisfactory reply. Then, in the presence of the witnesses, the 'Pithu Bag' was checked and was found to be containing six polythene packets, containing black colour substance, which appeared to be Charas. The recovered substance was weighed and found to be 1.645 kilograms. Thereafter, the entire charas was put in the 'Pithu Bag' and sealed in a cloth parcel with nine seals of 'B'. After completing the procedural formalities, challan was filed in the Court of learned Special Judge, who upon consideration, charged the accused/appellant for commission of offence punishable under Section 20 of the NDPS Act.

(3.) The prosecution in support of its case examined nine witnesses. The statement of the accused under Section 313 Cr.P.C. was recorded, wherein he denied the case of the prosecution and stated that he was innocent and that a false case had been planted against him.