YOG RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Appellant herein was charge -sheeted, tried and convicted by the learned trial Court in Sessions trial No. 53 of 2009, on 19.4.2011, for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, in short 'the Act ', for allegedly keeping in his possession the "non -commercial quantity" of Charas and sentenced to undergo rigorous imprisonment for a period of three year and to pay a fine of Rs. 25,000/ - and in default of payment of fine to further undergo imprisonment for one year. His pre -trial period of detention was set of against the sentence passed. Feeling aggrieved by the impugned judgment of conviction and sentence. Hence, the present appeal by the convict.

(2.) IN short the prosecution story as emerges from the evidence on record can be stated thus. On 29th April, 2008, the Appellant, hereinafter to be referred as 'the accused ', was travelling in a private Bus bearing registration No. HP -65 -6544, driver whereof was PW3 Vidya Sagar and PW12 Mohd. Riyaz its conductor. Accused was occupant of Seat No. 41. PW13 HC Kartar Singh of Police Station Bhuntar was engaged in traffic checking alongwith HC Gopal Chand and Constables Ramesh Kumar, Lalit Kumar and Hem Raj, near Forest check post Baujra.

(3.) LEARNED trial Court disbelieved the defence raised, however believing the prosecution evidence, convicted and sentence the accused as aforesaid.