SHUBHAM VERMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal filed under Sec. 374(2) of the Code of Criminal Procedure, is directed against the judgment of conviction and sentence dated 19.12.2016/20.12.2016, passed by learned Special Judge, Bilaspur, District Bilaspur, Himachal Pradesh in Sessions Trial No.4/3 of 2014, whereby learned trial Court while holding appellant-accused( hereinafter referred to as 'accused') guilty of having committed the offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act'), convicted and sentenced him to undergo rigorous imprisonment for a period of four years and to pay fine of Rs. 50,000.00 and in default of payment of fine, to further undergo imprisonment for six months.

(2.) In nutshell, case of the prosecution is that on 25.04.2014, at about 4:30 AM, police party comprising of HHC Dev Raj, LHC Mangal Singh, headed by SI/SHO Lakhvir Singh of police Station, Swarghat was on patrolling in official vehicle No.HP-69-A- 0130. As per story put forth by prosecution when the aforesaid police party reached near BDO Office, Swarghat, a boy i.e. appellant-accused was spotted on NH-205 carrying one 'pithu' on his back. Police party stopped its jeep near the said boy, whereupon said boy (accused) became perplexed. Accused on inquiry disclosed his name to be Shubham Verma son of Sh. Ramesh Chand. Police party checked the bag ('pithu'), which was of black and grey colour Ex.P.5, wherein one plastic envelope containing one transparent polythene was recovered. On opening of aforesaid transparent polythene, police recovered black substance in the form of stick and ball, which lateron was found to be charas. As per investigating Agency, contraband allegedly recovered from the appellant-accused was found to be 450 grams. The charas was taken into possession by the police vide recovery memo Ex.PW3/A in the presence of HHC Dev Raj and Constable Rajinder Singh. Thereafter, investigating Officer sent ruqua Ex.PW4/A through LHC Mangal Singh, on the basis of which, formal FIR No.21/2014 Ex.PW6/A came to be registered against appellant-accused at Police Station, Swarghat. After completion of the investigation, police presented the challan in the competent Court of law.

(3.) The learned Court below being satisfied that a prima facie case exist against the accused, framed charge against the accused under Sec. 20 of the Act, to which he pleaded not guilty and claimed trial.