HARDEV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE judgment of conviction and sentence dated 4.11.2009 passed by the learned Special Judge, Chamba in Sessions Trial No. 10 of 2009 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Act') has been assailed in the appeal. THE appellant has been sentenced to undergo rigorous imprisonment for a period of four years and pay a fine of ' 40,000/-, in default of payment of fine, the appellant shall further undergo imprisonment for six months.

(2.) THE prosecution case in brief is that on 21.12.2008 at about 6.15 P.M. PW-8 H.C. Deepak Kumar and other police personnel were present near Govt. Senior Secondary School, Himgiri. THEy were on patrolling duty when appellant came there carrying a gunny bag in his hand. On suspicion, search of the bag of the appellant was conducted, it was found containing Charas which on weightment was found 2 Kilograms. Two samples 25 grams each were taken, the samples and balance quantity of Charas were sealed. NCB forms were filled, rukka was sent to Police Station through PW-2 SPO Tek Chand, copy of rukka was also sent to S.P. Office, Chamba through SPO Bhikham Singh. On receipt of rukka, FIR Ex.PW-4/A was registered at Police Station, Tissa by PW-4 H.C. Madan Lal. THE appellant was arrested.

(3.) ON 23.12.2008 one sample parcel alongwith sample seal NCB form, copy of recovery memo and copy of FIR were sent to FSL, Junga through PW-9 C. Jiwan Singh vide road certificate No. 138 of 2008 Ex.PW-4/E. The report of Chemical Examiner Ex.PX was obtained and the sample was found mixture of cannabis and sample of Charas.