PREM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1, 00, 000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of two years for having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) by the learned Special Judge (Forests) , Shimla on 7.4.2017 in Sessions Trial RBT No. 9-S/7 of 2016 and aggrieved thereby has filed the present appeal.

(2.) The prosecution case, in brief, is that in the evening of 30.4.2016, a police party headed by ASI Sunil Kumar of Police Station, Theog was on routine patrol duty in the official vehicle bearing registration No. HP-07A-0729 towards Gajedi, Chhaila, Jais etc. The vehicle was driven by C. Rajesh Kumar and other members of the police party were HHC Muni Lal and C. Surjit Singh. Rapat No. 27, dated 30.4.2016, Ex.PW2-A, in this regard was entered in the Police Station. While the police party was moving on the kuchha link road leading to Tikkari-Sainj below Gajedi byepass then at about 7.10 p.m., one person, who was holding a carry bag in his right hand, was seen coming from the lower side towards the upper side. Seeing the police party, the said person got perplexed turned back and started walking. This aroused the suspicion of the police officials. ASI Sunil Kumar got the official vehicle stopped and after alighted therefrom, he alongwith HHC Muni Lal and C. Surjit Singh followed the appellant and caught hold of him at some distance. He was then asked as to why he turned back after seeing the police party. On inquiry, the pedestrian, who by now was in panic, disclosed his name as Prem Singh. Since the place was lonely and secluded, no local person was available for being associated as a witness.

(3.) Finding a prima-facie case against the appellant, he was charged for the commission of an offence punishable under Section 20 of the NDPS Act, to which he pleaded not guilty and claimed trial.