RAM AVTAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal under Section 374(2) of the Criminal Procedure Code, 1973 (for short, 'Cr.P.C.') is directed against judgment of conviction and order of sentence dated 29.03.2005 passed by learned Judge, Special Court, Sangrur (hereinafter referred to as 'trial Court'), convicting and sentencing the appellant to rigorous imprisonment for 10 years and pay a fine of Rs.1,00,000/- and in default of payment of fine to further rigorous imprisonment for one year under Section 15 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act').

(2.) State is contesting the appeal. I have heard learned counsel for the appellant as also the learned State Counsel besides going through the record of the case. It is very strongly argued on behalf of the appellant that the contraband stated to have been recovered from possession of the appellant did not belong to him and it, in fact, belonged to one Jaswant Bansal but said Jaswant Bansal has not been examined as a witness and that being so, appellant's conscious possession of the contraband has remained unproved.

(3.) Learned counsel has also pointed out that PW5-Uggar Sain has very specifically stated that the appellant was seen by him standing 20-25 meters away from the parcel in question. This, according to the learned counsel, supports plea of the appellant that the contraband was not recovered from his conscious possession. Learned counsel has also pointed out certain variations/discrepancies in the evidence of the witnesses examined on behalf of the prosecution.