PRINCE SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE present appeal has been directed by the Appellant, feeling aggrieved and dissatisfied by the judgment of his conviction and sentence passed under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, to be referred as 'the Act', by the learned trial Court in Sessions Trial No. 20 of 2009, decided on 1st January, 2010, whereby he has been convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 25,000/ - and in default of payment of fine to further undergo simple imprisonment for a period of six months, allegedly for keeping in possession 1 kg. 500 grams of Charas which contained 20.45 W/W resin of 'cannabis' plant.

(2.) IN short, the prosecution case, as emerges from the prosecution evidence, can be stated thus. On 9.2.2009 at about 4.10 p.m., PW8 Sub Inspector Diwan Chand, Additional SHO, Police Station, Chamba, was heading the police patrolling party consisting of Head Constable Kishori Lal, PW2 Head Constable Ramesh Kumar, Constable Rakesh Kumar and PW3 Shiv Kumar. They were present at 'Jakiani Mor' and noticed the Appellant coming from the side of village 'Pukhri'. On seeing the police party, he turned back and started running. He was carrying a bag with him. He was apprehended, his identity was asked and interrogated, on which he got perplexed. Thus, police entertained suspicion that he might be carrying some contraband. Thus, an option was given to him to be searched either before the Magistrate or Gazetted Officer but he gave his consent Ext.PW2/A in his own hand and under his signatures to be searched by the police party present. Thereafter SI Diwan Chand aforesaid rendered himself to be searched by the Appellant, but nothing incriminating substance was found in his possession. To this effect memo Ext.PW2/B was executed. Thereafter the said Sub - Inspector searched the bag which was in the possession of the Appellant. It contained a jacket, voile of perfume and one polythene bag, which contained 1 kg. 500 grams Charas. Two samples from the recovered stuff were separated and sealed with seal impression producing the English letter 'K'. The remaining bulk was also sealed separately with the same seal. The specimen of the seal was also separately taken on Ext.P.4. NCB forms in triplicate filled -in on the spot and facsimile on the aforesaid seal were affixed on each of them.

(3.) RUQA Ext.PW8/A was sent through Constable Rakesh Kumar for the registration of the case, on the basis of which FIR Ext.PW1/A was registered.