KRISHAN Vs. STATE OF HP

JUDGEMENT

(1.) APPELLANT feels aggrieved by his conviction and sentence under Section 20 of the Narcotic Drugs Psychotropic Substances Act, 1985, in short the Act -, passed by the learned trial Court in NDPS Case No.8 of 2008 decided on 18th April, 2009 to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.50,000/ -, in default of payment of fine to further undergo simple imprisonment for a period of six months. Pretrial and under -trial period of detention of the appellant was also ordered to be set off against the sentence imposed. Hence, this appeal.

(2.) IN short, the prosecution case can be stated thus. On 4th December, 2007, PW -8 Sub Inspector Balwant Singh and PW -2 Constable Bhoop Singh were present near Police Post, ˜Loohri. They were busy in routine patrol duty and traffic checking. On reaching near Loohri Chowk, they noticed the appellant coming from the opposite side with a bag Ext.P.1 hung on his shoulder. On seeing the police, he was frightened and hid himself behind the vehicles parked nearby. Sub Inspector got suspicion that the appellant might be having some contraband in his possession. He associated PW -1 Krishan Lal present there besides PW -2 Constable Bhoop Singh and apprehended the appellant. The search of the bag of the appellant was conducted. He found a piece of cloth and recovered 1 Kg. 100 grams of Charas, wrapped in polythene paper. Police drew 50 grams of Charas randomly and divided into two parts of 25 grams each as samples and both the sample -parcels were separately sealed with seal impression A -. Remaining bulk was also sealed with the same seal and taken into possession vide recovery memo Ext.PC in the presence of aforesaid witnesses. Sub Inspector Balwant Singh updated the NCB forms. Specimen impression of seal was taken on a piece of cloth separately. In the absence of SI Balwant Singh PW -6 Rajinder Singh was acting as SHO. Appellant and the case property were produced before him. Appellant was kept under the supervision of duty constable and as per ˜Rapat Ext.PW -6/D the case property was resealed by Rajinder Singh aforesaid with seal impression H -. On deposit of the case property in the Malkhana, one sample was redrawn on 6th December, 2007 and sent through PW -5 HHC Kashmi Ram vide RC No.72 of 2007 for its analysis in Forensic Science Laboratory at Junga. On its deposit on 7th December, 2007, receipt was obtained which was deposited with MHC aforesaid. On analysis, the sample was found to have contained 33.07% W/W resin of the cannabis plant.

(3.) THE case of the appellant was denial simplicitor and at the end of the trial he was convicted and sentenced as aforesaid, which is under challenge in this appeal.