MOTI RAM Vs. STATE OF H P

JUDGEMENT

(1.) THIS appeal has been directed against judgment dated 17.2.2010 passed by learned Special Judge, Chamba, Chamba Division, in Sessions Trial No.23 of 2009, convicting and sentencing the appellant under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short Act) for four years and to pay fine of '30,000/-, in default of fine further imprisonment for six months with benefit of Section 428 Cr.P.C.

(2.) THE prosecution case in brief is that on 23.3.2009 PW-11 HC Dev Raj and others proceeded from Police Station, Sadar, Chamba for patrolling duty. At about 3.30 A.M. on 23.3.2009 at place Gunnu Nalla, appellant came on foot from Kainthli side carrying a bag Whether the reporters of the local papers may be allowed to see the Judgment? yes in his hand. On seeing the police party the appellant tried to run back but was apprehended on suspicion. He was given option vide memo Ex.PW1/A to be searched by Magistrate, Gazetted Officer or by the Police. THE appellant had consented to be searched by the police. THEre upon, search was conducted and from the bag, which the appellant was carrying, charas in the shape of sticks and small balls weighing 1 Kg. 200 grams was recovered.

(3.) THE case property alongwith sample seal, NCB form were produced by PW-11 HC Dev Raj before PW-7 ASI Kuldeep Singh who resealed all the parcels with seal impression 'H'. THE case property alongwith NCB form, seizure memo etc. were deposited with PW-10 HC Kailash Chand, the then MHC, Police Station, Sadar, (Chamba) and entry to this effect was made in malkhana register, the abstract of which is Ex.PW-10/A.