AMIT SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE Appellant (convict) is in appeal against the judgment and order dated 02.01.2010, of the learned Special Judge, Chamba Division, Chamba (H.P.), in Sessions Trial No. 18 of 2009, State of H.P. V/s. Amit Sharma whereby he was tried for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act ') and was ultimately convicted and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 50,000/ -, failing which to suffer further imprisonment for one year.

(2.) IN brief, the case of the prosecution was that on 9.2.2009, a police party comprising of HC Anirudh (PW -8), HC Vijay Kumar, Constable Latif Mohd. and Constable Neeraj Kuamr, was present at Duga Morh in connection with routine and traffic checking. In the meantime, at about 1.30 PM HRTC bus bearing registration No. HP -42 -0824 came there from Bhanjraru side. It was stopped by the aforesaid police party for checking. The accused was found sitting on seat No. 35. When PW -8, HC Anirudh came near him and asked his name and address, he became perplexed, which aroused suspicion and he was taken out of the bus. Thereafter, PW -8 HC Anirudh in the presence of the independent witnesses, namely, Narinder Singh (PW -1), conductor of the bus and one Sudesh Kumar, gave option to the convict vide memo Ex.PW -1/A and he was apprised that he had a legal right to give his search before a Magistrate, Gazetted Officer or the police, but the accused consented to be searched by the police.

(3.) THE sample of the recovered contraband was sent for analysis to the State Forensic Science Laboratory, Junga (H.P.) and report Ex.PW -8/F was obtained, which revealed as under: RESULTS OF THE EXMAINATION Various scientific tests such as physical, identification, chemical and chromatographic tests were carried out in the Laboratory with the exhibit under reference. The test performed above indicated cannabinols including the presence of tetrahydrocannabinol in the sample. The microscopic examination indicated the presence of Cystolythic hair in the sample. Charas is a resinous mass and resin is an active ingredient of Charas, which on testing was found present. And the quantity of resin as found in sample is 25.17% w/w. The result thus obtained is given below. The entire mass of the exhibit is extracts of cannabis and the sample of CHARAS.