DESH RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant herein referred to "the accused" hereafter was convicted by the learned trial court in Sessions trial No. 51 of 2010 dated 28.3.2011 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short 'the Act ' for keeping in possession "non commercial quantity" of charas as such was sentenced to undergo imprisonment for a period of three years and to pay a fine of Rs.20,000/ - with the default clause. Hence the present appeal by the accused.

(2.) IN short, the prosecution story, as emerges from the evidence on record, can be stated thus. On 27.11.2010 PW8 H. C. Deva Nand along with PW1 Constable Som Parkash and PW2 Constable Ravinder Kumar were on patrolling in the area of "Jassour Garh". They had left the police Station around 4 p.m. and entry to this effect was made in the daily -diary Ext. PW1/A. Around 9.45 p.m. when police party reached 300 -400 meters ahead of Zero - Point Jassour, they noticed accused coming from opposite side. On seeing the police party, he tried to escape. Police noticed a bag in his right hand. On getting suspicious, he was over -powered. His identity was asked. It was a secluded place. There was no inhabited area in and around thus, no independent witness was available.

(3.) ACCUSED was apprised of his legal right to satisfy the compliance of Section 50 of the Act in writing Ext. PW1/C. Accused opted to be searched by the police party. To this effect he also gave his consent in writing Ext. PW1/C.