BASHIR MIAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against Judgment dated 18.2.2014, rendered by learned Special Judge (Forests), Shimla, Himachal Pradesh in Sessions Case No. 12 -T/7 of 2013/10, whereby appellant -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence punishable under Section 20 of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1.00 Lakh, and in default of payment of fine, to further undergo simple imprisonment for six months.

(2.) CASE of the prosecution, in a nutshell, is that on 16.2.2010 at about 11.40 am, a police party had gone from police post for patrolling and detection of crime. At about 11.40 am, police party noticed a private bus bearing registration No. HP -9B -1911 coming from Chopal side. Bus was signalled to stop for checking. Police party entered the bus and stated checking in the presence of PW -1 Dinesh Kumar and PW -2 Naresh Kumar. Accused was occupying seat No. 27. He tried to escape. He was apprehended. Accused was carrying a red coloured bag. On checking of the bag, black coloured pants and a polythene bag were found. Polythene bag contained black coloured substance in the shape of sticks and balls. It was found to be Charas on the basis of experience. PW -3 Naresh Kumar was sent for weights and scale. Charas recovered from the possession of the accused was weighed and kept in a cloth parcel and sealed with seven seal impressions of seal 'K' in the presence of witnesses. Sample of seal was taken. Impression of seal was put on NCB form. Seal after use was handed over to Dinesh Kumar. Investigating Officer prepared Rukka and sent it to the police station, on the basis of which FIR was registered. NCB form was also prepared on the spot. Parcel was deposited alongwith documents with Het Ram PW -4. Het Ram made entries in the Malkhana Register. Thereafter, case property was sent to Forensic Science Laboratory through PW -5 Bhupinder Kumar alongwith relevant papers. Report of the Forensic Science Laboratory is Ext. XZ. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) MR . Paresh Sharma, vice Counsel appearing on behalf of the appellant, argued that the prosecution has failed to prove its case against accused.