JAMES ALBERT Vs. STATE OF H P

JUDGEMENT

(1.) Appellant has challenged the judgment of his conviction and sentence passed by the learned Special Judge in Sessions Trial No. 46/2008, decided on 18th September, 2010, for the offence punishable under Section 20 of the Narcotic Drugs Psychotropic Substances Act, 1985, in short "the Act", for allegedly keeping in his possession 820.64 grams of Charas in the recovered stuff weighing 2 Kgs.

(2.) In short, the prosecution story as emerges from the evidence on record can be stated thus. On 27th July, 2008, PW11 Sub Inspector Pawan Kumar was Incharge of Police Post, Mani Karan. He alongwith PW1 Constables Joginder Singh, Vijay Kumar, PW2 Arun Kumar and Govind Krishan were on traffic checking between villages Goj and Kasol. Around 7.00 pm, taxi bearing registration No. HP-01K-0344 came from the side of village Kasol. Police stopped it for checking and asked about the name of the driver. After disclosing his name, he (PW4) informed the police that he was plying the taxi under 'Kasol Taxi Union' for the last about four years. Police noticed the appellant a foreigner, hereinafter to be referred as 'the accused', sitting on rear seat of the said vehicle. The taxi driver informed police that this taxi was engaged for two days, i.e., 26th and 27th July, 2008 by the accused. He picked-up the accused from 'Sandhya' Hotel at Kasol. The identity of the accused was asked. He disclosed his name and nationality. He was found traveling with a bag in his lap on which words "North Face" were written. PW11 Sub Inspector Pawan Kumar asked him as to what it contained, but he stated that there was nothing objectionable item in the bag. It was an isolated place and no independent witness could be associated as no person was passing through the road at that time.

(3.) After completing the investigation, Challan was presented in the Court for the trial of the accused. The accused was charge-sheeted for the aforesaid offence. He abjured his guilt and claimed trial.