ROSHAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT is feeling aggrieved by the judgment of conviction passed by the learned trial Court under Section 15(b) of the Narcotic Drugs Psychotropic Substances Act, 1985, in short "the Act" for allegedly possessing 14.500 Kgs. "poppy straw" (Bhuki) and was sentenced to undergo imprisonment for a period of 7 years and to pay a fine of Rs. 50,000/ - with default clauses, as such filed the instant appeal on law and facts.

(2.) THE prosecution story as emerges from the prosecution evidence can be summed up thus. On 16th July, 2006, a police party headed by PW -14 ASI Chain Singh was on excise raid and was on their way to village Channi in District Kangra, HP. At about 4.30 a.m., when they reached near 'Tiyora Sugar Factory', a secret information was received that the Appellant would be coming on his scooter from the side of Milwan village alongwith some contraband. PW -14 aforesaid prepared the report Ext.PW -6/A and sent it to the, SDO (P), Nurpur through HHC Karnail Singh and Ruka was also sent to the SHO for the registration of the case. Thereafter he associated two independent witnesses, i.e., PW -1 Mengha Ram and PW -2 Ram Lal the case file was also received and they laid a Naka at a place known as 'Tiyora'.

(3.) THE police party rendered themselves to be searched by the Appellant including the independent witnesses, but nothing incriminating material was found. To this effect memo Ext.PW -3/B was prepared. Thereafter PW -14 ASI Chain Singh conducted the personal search of the Appellant, but nothing was recovered from him. However, on the search of the scooter, beside the footrest one plastic bag was found on which 'Tata Salt' was written. On its search, police recovered 9 packets of Bhuki ("poppy husk"). The weights and scales were arranged and entire recovered material was weighed. It came to be 14.500 Kgs.