AMIT SHARMA Vs. STATE & ORS.

JUDGEMENT

(1.) Appellant Amit Sharma is in appeal against judgment dated 08.07.2014 of the learned Sessions Judge, Kathua in file No. 68/Special, whereby the appellant has been convicted under section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act ') and order dated 09.07.2014, whereby appellant has been sentenced to undergo rigorous imprisonment for a term of fifteen years and to pay a fine of two lac rupees. It is ordered also that in default of payment of fine appellant shall undergo further rigorous imprisonment for two years.

(2.) Heard. We have perused the record.

(3.) Facts of the prosecution case, briefly, are that on 16.05.2010 the SHO Police Station, Kathua, Sandeep Mahajan, Inspector (PW-8), was on patrolling duty by his official 'Gypsy ' in Shastri Nagar area accompanied by Pardeep Singh, SPO No. 1027 (PW-1) Davinder Singh, Ct. No. 31 (PW-2), Surinder Singh, Ct. No. 935 (PW-3) and Ravi Singh, SPO No. 130, (PW-4). At about 10:00 PM they found the appellant (accused) coming from 'Hatli Morh ' towards Kathua. He was carrying a white colour plastic bag. The bag on checking was found containing 7605 'parvon spas ' capsules in 39 black plastic envelops, each containing 195 capsules. The appellant disclosed his identity as Amit Sharma alias Vicky s/o Vinod Sharma alias Shinder Paul r/o. Ward No. 14, Kathua. The SHO separated ten capsules as sample for chemical analysis and sealed them under Mark-A-1. He also seized and sealed the main bulk of the capsules under Mark-A. The SHO then dispatched a docket (Exp. P-8) to the Police Station for registration of FIR through constable Ravi Singh directing also that investigation be entrusted to Ghansham, Sub Inspector. On the basis of this docket FIR No. 148/2010 under sections 8/21/22 of the Act was registered and Sub Inspector, Ghansham (PW-6) took up the investigation. The Investigating Officer (I.O.) proceeded to the place of occurrence. He prepared sketch map (Ext. P-6) of the place of occurrence and took possession of the seized material and the seizure memo prepared by the SHO. The I.O. got the sample resealed from Executive Magistrate 1st Class, Kathua (PW-5), obtained authority letter from him and dispatched the sample to FSL, Jammu for its chemical analysis. The I.O. recorded statements of the witnesses in terms of section 161 Crimial P.C. and after compliance of all formalities found commission of offence under section 8/21/22 of the Act by the appellant.