KRISHAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant was convicted by the learned trial Court for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act ', whereby he was sentenced to undergo rigorous imprisonment for a period of three years and also to pay a fine of Rs.30,000/ -, in default of payment of fine to further undergo simple imprisonment for a period of four months, for allegedly keeping in possession 400 grams of Charas, hence the present appeal by him.

(2.) IN short, the prosecution story can be stated thus. On 4.6.2002, at about 8.00 p.m., police party headed by PW9 SHO Dabe Ram was on patrolling and traffic checking. The police party was busy in checking the vehicles at the place known as "Bagitar". A Maruti Car bearing registration No.HP -33 -5128 came from the side of Kullu. It was stopped. The appellant was on the steering wheel. Identity of the appellant was asked to which he disclosed. PW9 SHO Dabe Ram demanded the documents of the vehicle, but he failed to produce it. As such, he was Challaned under the Motor Vehicles Act. Thereafter Dabe Ram aforesaid checked the vehicle and recovered a polythene packet from beneath the seat of the driver which contained 400 grams of Charas in the shape of small sticks.

(3.) THE appellant was accordingly charge -sheeted, tried and convicted as aforesaid, hence the present appeal.