NIRMAL BAHADUR Vs. STATE OF H P

JUDGEMENT

(1.) The present appeal has been directed by the convict Nirmal Bahadur against the judgment of conviction passed in Sessions trial No. 21 of 2009 decided on 27.11.2009 whereby he was sentenced to undergo imprisonment for a period of 5 years and to pay fine of 50,000/- and in default of payment of fine to further undergo simple imprisonment for a period of one year, for the commission of offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short 'the Act', allegedly for keeping in possession 104.475 grams of charas which is more than the "small quantity" and less than the "commercial quantity".

(2.) In short, prosecution case, as emerges from the prosecution evidence can be stated thus. On 29.11.2008, PW2 S.I. Pawan Kumar accompanied by PW1 HHC jai Kishan and Constable Joginder Singh were on patrolling ahead of village Shangna, at Barsheli road in District Kullu, H.P. Around 2.30 p.m., they reached near Tegri Nullah and noticed the appellant carrying a polythene envelope in his hand. He was stopped and questioned. He disclosed his identity. The appellant also disclosed that he was residing in a tent in Tosh-forest and works as a labourer. Police asked him about the contents of the polythene envelope which he was carrying with him. On this, he disclosed that he was going to Manikarn to take holy-bath and it contained washing material. He was asked to show the contents of the polythene bag, he got blushed and was reluctant to show. Police suspected contraband in the envelope aforesaid. It was a secluded place and no independent witness was present, thus oral consent of the appellant was taken for checking polythene bag aforesaid in the presence of other police officials present there. It was opened. It contained some black material in the shape of sticks wrapped in a polythene wrapper. On checking each recovered substance, it was found to be 250 grams charas. From the recovered stuff, two samples of 25 grams each were separated and sealed separately with seal producing the impression of English letter 'M'. Remaining bulk was also sealed with the same seal. Its sample was taken separately. It is Ext. PA.

(3.) NCB forms in triplicate were filled-in and facsimile of the said seal was also affixed thereon. One of the NCB forms is Ext. PD. The case property was taken into possession vide memo Ext. PB which is signed by the witnesses as also the appellant.