(1.) Instant appeal has been preferred against the judgment dated 30.05.2017, passed by learned Special Judge-II (Additional Sessions Judge), Kullu, in Sessions Trial No.122 of 2014, arising out of FIR No.23 of 2014, dated 26.02.2014, whereunder accused who has been held guilty of possessing 950 grams charas recovered from vehicle and 6.750 Kg. charas recovered from his house, stands convicted for having committed offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'NDPS' Act in short), and has been sentenced to undergo rigorous imprisonment for a term of 10 years.
(2.) The prosecution case is that:-
(3.) The accused was found to be in exclusive and conscious possession of 950 grams of charas in the vehicle as well as 6.750 Kg. charas in his house. Accordingly, he was charged for the commission of offence punishable under Section 20 of the NDPS Act, to which, he pleaded not guilty and claimed trial. The prosecution examined eleven witnesses and also produced documentary evidence in support of its case. After recording statement under Section 313 Cr.P.C., the accused also produced defence evidence. His defence was of false implication in the case and that no recovery was effected either from his house or from the vehicle in question. Learned Trial Court, after appreciating the evidence and material brought on record, convicted the accused for the offence punishable under Section 20 of the NDPS Act, and sentenced him to undergo rigorous imprisonment for 10 years. Being aggrieved, the accused has preferred the instant appeal.
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