DAVINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Assailing the judgment dated 30.3.2009, passed by the learned Special Judge, Hamirpur, H.P., in Sessions Trial No. 21 of 2008, titled as State of Himachal Pradesh v. Davinder Kumar , whereby the appellant-accused stands convicted for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for a period of six months and pay fine of Rs. 2,000/-, he has filed the present appeal under the provisions of Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) It is the case of prosecution that on 12.2.2008, police party headed by SI Fauja Singh (PW-8) were travelling in a vehicle and at about 3.00 p.m. at a place known as Kot, they saw the accused, who seeing the police party got perplexed and tried to flee. However while doing so, he threw a packet which the police picked and on opening found charas. Total quantity was of 200 grams. Two samples of 10 grams each were drawn. The samples as also the bulk parcel were separately sealed with seal impression - S and taken into possession vide recovery memo (Ext. PW-1/A). Fauja Singh filled up NCB forms (Ext. PW-8/A) on the spot, where after, ruka (Ext. PW-4/A) was sent through Const. Jitender Kumar (PW-4) which led to registration of F.I.R. No. 35/2008, dated 12.2.2008 (Ext. PW 9/A) at Police Station Sadar, Hamirpur, Distt. Hamirpur, H.P., against the accused under the provisions of Section 20 of the Act. With the completion of codal formalities on the spot, accused was arrested. The case property was produced before SHO Anjni Kumar (PW-9), who after resealing the same with seal impression-H, entrusted MHC Vijay Parkash (PW-6), Incharge of the Maalkhana, with the same for keeping it in safe custody. Const. Sant Ram (PW-5) took the sample parcel for chemical analysis to the State Forensic Science Laboratory, Junga, and report (Ext. PW-9/E) taken on record. Also special report (Ext. PW-7/A) was sent to the office of Superintendent of Police, Hamirpur. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) Accused was charged for having committed an offence punishable under the provisions of Section 20 of the Act, to which he did not plead guilty and claimed trial.