STATE OF HIMACHAL PRADESH Vs. TRILOK CHAND

JUDGEMENT

(1.) These appeals are filed by the State having aggrieved by the judgment and order dated 14th October, 2009 passed by the High Court of Himachal Pradesh, allowing the Criminal Appeals filed by the accused--respondents herein against their conviction passed by the trial Court under the Narcotic Drugs and Psychotropic Substances Act (for short "the N.D.P.S. Act"). By the said order, the High Court set aside the order of conviction and sentence passed by the trial Court against the accused--

(2.) In order to appreciate the merits of these appeals, brief facts as emerged from the prosecution case need to be noted at the outset. On 10th July, 2004, Anjani Kumar, Inspector, CID, Shimla (PW12), upon receiving a secret information that some people are pursuing the unlawful business of charas, proceeded towards Panarsa Bridge along with ASI Gian Chand (PW 9) and Constable Rakesh Kumar (PW 8) and some other police personnel. Amar Chand (PW 1) and Kuldeep Kumar (PW 2) who were going on that route at that time, also joined them as witnesses. At around 11.30 p.m. in the night, the accused--respondents herein arrived at that place carrying with them three gunny bags of contraband (Charas) and upon seeing police, they tried to run away. Police overpowered the accused and seized the contraband from their possession, prepared samples, sealed and marked them and registered the case. After investigation, charges were framed against the accused and upon their denial, the case was committed for trial.

(3.) The Trial Court convicted the accused for the offence punishable under Section 20 of the N.D.P.S. Act and sentenced them to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- each and in default of payment of fine, to undergo further imprisonment for two years.