MOHAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Appellant was convicted by the learned trial Court in Sessions Trial No. 3 of 2009, on 1.4.2010, 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 Charas i.e. 38.10 % weight -in -weight resin of Cannabis plant in the recovered stuff of 750 grams, thus sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 30,000/ - and in default of payment of fine to further undergo simple imprisonment for a period of one year.

(2.) IN short, the prosecution story can be stated thus. On 12.12.2008, PW6 ASI Daya Ram of Police Station Manali was heading a police patrolling party. At about 7 p.m., when they were crossing the ˜Prini bridge ', they noticed the Appellant walking on foot, who on seeing the police party tried to move quickly and took out an polythene envelope from his jacket and threw it towards ˜Nali" on the side of the road. On suspicion, police apprehended him. The police did not find passerby to include them as a search witness(s), as such PW1 C. Rajan Kumar was sent to call independent witnesses from the nearby place, but no one was available, even a motorist refused to become a witness, hence HC Narain Chand and PW1 C. Rajan Kumar were associated as witnesses to the search of the accused. Before that ASI Daya Ram rendered himself to be searched by the accused person in presence of the aforesaid witnesses, but nothing incriminating was found and a memo Ex.PA to this effect was prepared. Thereafter, the polythene packet which was thrown in the ˜Nali ' by the accused was picked up. It was bearing the mark ˜Oswal ', which was containing Charas in the form of small flattened pieces. It was weighed and it turned out to be 750 grams.

(3.) THE police prepared the NCB forms in triplicate, one of such forms is Ex.PH. The facsimile of the sale was also put on such form.