TRILOCHAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) IN the present appeal, Appellant has challenged his conviction and sentence passed in Sessions Trial No. 4 of 2009, decided on 1st December, 2009, for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act', allegedly for keeping in possession of 157.65 grams of Charas in the recovered stuff of 650 grams.

(2.) IN short, the prosecution story as emerges from the evidence on the record can be stated thus. On 24.11.2008 PW10 Head Constable Dev Raj was heading the police party. They were on routine traffic checking and patrolling near "Ballu bridge" in District Chamba, they spotted the Appellant coming from opposite side, who on seeing the police turned back and tried to run away. On suspicion, he was apprehended in the presence of PW1 Haniff and PW2 Rakesh Kumar who incidentally happened to be present on the spot. The Appellant was having a bag in his right hand, it was found containing polythene envelope, containing 650 grams of Charas. Out of the recovered quantity, two samples of 25 grams each were separated and were put in different parcels. Each of the parcels was sealed with seal "A" and the remaining Charas was also sealed with the same seal. The case property was taken into possession vide memo Ext.PW1/A. Police also filled -in NCB forms in triplicate and one of which is Ext.PW9/E. The facsimile of the seal was also affixed on the NCB forms. One sample of the specimen seal was also taken. It is Ext.PW1/B.

(3.) THE Appellant was arrested and the grounds of arrest were informed to him. Police also prepared the site plan of the alleged place of recovery.