SAT PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both these appeals are arising from the judgment of conviction passed by the learned Special Judge, in Sessions Trial No.52 of 2010, decided on 2.4.2012/16.4.2012, whereby the appellants herein to be referred as 'the accused persons' were sentenced under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act' to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. .40,000/- each with the default clause, for allegedly keeping in possession 404 grams of 'Charas' in the recovered stuff of 1 Kg. 500 grams.

(2.) The case unfolded by the prosecution and accepted by the learned trial Court is that on 27.5.2010, PW8 Head Constable Parshotam Ram was on patrolling duty and detection of crime. Around 4.00 PM, they were present at a place known as 'Chiladhar', they spotted both the accused persons coming from the side of village Jibhi. On seeing the police party both of them got perplexed and tried to escape. The police became suspicious that they might be possessing some contraband with them, as such nabbed them. Their identity was asked to which they revealed.

(3.) After concluding investigation, the challan was presented against the accused persons in the Court for their trial. Accused Sat Pal was charged sheeted for the offence punishable under Section 20(b)(ii)(C) of the Act, whereas another accused Ramesh Chand for the offence punishable under Section 20(b)(ii)(C) read with Section 29 of the Act for abetment and criminal conspiracy, to which they pleaded not guilty and claimed trial.