VARINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment of conviction and sentence passed by the learned trial Court in Sessions Trial No.69/04/04, dated 30.5.2005, for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, in short 'the Act ', for allegedly keeping in his possession 710 grams of Charas, whereby the appellant, hereinafter to be referred as 'the accused ' was 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 Whether reporters of the Local papers are allowed to see the judgment? imprisonment for one year, giving him the benefit of set off under Section 428 of the Code of Criminal procedure.

(2.) IN nut -shell, the facts germane to the present appeal are that on 10th February, 2004, at about 2 P.M., police party headed by PW12 HC Kartar Singh had put a naqa between Ballu bridge and the place known as Parel. Around 2 P.M., when the police party was busy in checking a Scooter which came from the Ballu bridge side, they noticed a person emerging from the side of the said bridge, who seeing the police had tried to escape. He was overpowered by the police in the presence of PW1 Yogesh Kumar and PW2 Raju, independent witnesses present on the spot. The accused had covered himself with a Shawl. He was asked to remove the Shawl, to which he did and the police party observed that he was hiding something beneath his sweater put on by him.

(3.) HEARD and gone through the evidence on record.