MAPHA BAHI Vs. STATE OF H P

JUDGEMENT

(1.) Appellant was charge-sheeted, convicted and sentenced by the learned Special Judge (F.T.C), Mandi in Sessions trial No. 3 of 2009 dated 29.5.2009 for the offence punishable under Section 20 (B) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short "the Act" for allegedly possessing 700 grams of charas, to undergo imprisonment for a period of four years and to pay a fine of 20,000/- and in default of payment of fine to further under rigorous imprisonment for six months. The Appellant was also given benefit under Section 428 of the Code of Criminal Procedure.

(2.) In the present appeal, the Appellant has assailed his conviction and sentence aforesaid.

(3.) Shri R.S. Jamalta vehemently argued that there is contravention of the provisions of Section 50 of the Act and further that there are material contradictions appearing in the statement of the prosecution witnesses with respect to the interception and recovery of the alleged contraband. He further argued that in any case the sentence imposed by the learned trial Court is excessive and not commensurate to the percentage of the resin found in the recovered stuff. Whereas Shri A.K. Bansal, learned Additional Advocate General supported the judgment impugned being legally and factually sustainable.