SOMA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT stands convicted by the learned trial Court in Sessions Trial No. 34 of 2009, decided on 1st October, 2010, under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act ', for allegedly keeping in possession 209.06 grams of Charas in the recovered stuff of 500 grams of Charas, as such convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 30,000/ -, further three months simple imprisonment in default, hence the present appeal by him.

(2.) IN short, the prosecution case is that on 15th December, 2008 at about 6.20 p.m., PW2 Inspector Prem Dass, ASI Rattan Chand, PW7 Contable Tarsem Lal and PW8 Constable Khub Ram were present at Dhalpur Chowk. PW2 aforesaid received an intimation that the Appellant was sitting at Bhutti -Chowk, draping a blanket, having in his possession Cannabis. This information was reduced into writing Ext.PW2/A= Ext.PW6/A, which was sent to Additional S.P. through PW7 Constable Tarsem Lal, which was delivered around 6.30 p.m.. He made the endorsement on this report and handed over to his Reader PW6 HC Nirat Singh. He made its entry in the relevant register, abstract of which is Ext.PW6/B. Thereafter PW1 Hem Chand and Ranjan Kumar (not examined) were associated as independent witnesses in the raiding party and found Appellant sitting on the foot -path draping a blanket. His identify was asked.

(3.) OUT of the recovered stuff 25 grams each were separated for analysis and sealed with seal impression 'A '. The remaining bulk was also sealed. The polythene -bag was put in same fabric -bag. Clothes and fabric -bag were also put back into the backpack and wrapped in a piece of cloth thereby making one parcel, which was also sealed with the same seal.