KEWAL KRISHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal is directed against the judgment of 23.3.2017, rendered by the learned Special Judge-II, Chamba, District Chamba, H.P., in FN/NDPS Act/429/2015, whereunder, the learned trial Court hence convicted, and, sentenced the appellant/accused to (a) 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 simple imprisonment for a period of 21/2 years , for commission, of, an offence, punishable under Section 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as 'the NDPS Act').

(2.) The brief facts of the case are that on 18.6.2015 around 9.15 P.M HC Virender Singh (PW-11) alongwith HC Tej Singh (PW-2), HHC Mohd. Aslam (PW-1), C. Sanjay Kumar No. 145 and C Sanjay Kumar No. 327, in government vehicle bearing No. HP 48-1220 driven by C Mehar Dutt proceeded towards Ind nalla and Koti. Around 9.45 p.m. they reached at Ind Nalla and laid the nakka there. They checked 3-4 vehicles uptill 10.25 P.M. At the same time, a person came down from the pakdandi towards Ind Nalla having one carry bag on your right hand. On seeing the police party, he tried to flee away from the spot and ran towards chamba aside. On the basis of the suspicion, he was nabbed. Thereafter his credentials were inquired on which he disclosed his name to be Kewal Krishan R/o village Malie, Tehsil Churh, District Chamba. The multi coloured carry bag on which crystal brilliant was written was checked. On opening the carry bag, brown colored half sleeve hood, and, a black coloured polythene bag came out. On opening the black coloured polythene bag, hard substance in the shape of round sticks were found. On checking the black coloured hard substance with the help of drug detection kit it was found to be cannabis/charas. On weighment, it was found to be 1 killo 674 grams. Thereafter the police commenced the investigation, and, on conclusion of the investigation, into the offences, allegedly committed by the accused, final report was prepared and presented in the Court.

(3.) The appellant/accused stood charged, for, his having committed offence punishable, under Section 20 of the NDPS Act, by the learned trial Court, to, which he pleaded not guilty and claimed trial.