NOOP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT was convicted by the learned trial Court in Sessions Trial No. 18 of 2004, decided on 4th May, 2005, 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 non -commercial quantity of Charas, as such sentenced to undergo imprisonment for a period of three years and to pay a fine of Rs. 9,000/ - with a default clause. The prosecution story as spelt out from the statements of the prosecution witnesses can be summarized thus. On 7.12.2002, PW7 Nathu Ram, Inspector/SHO of Police Station, Bhoranj was heading police party. They were on patrolling duty. To this effect, their departure stands recorded in the Roznamcha, copy whereof is Ext.PW7/A. PW7 Nathu Ram informed PW1 ASI Satish Kumar to remain present in the Bazar. During the intervening night of 7/8.12.2002, around 1.00 am police noticed the appellant, hereinafter to be referred as 'the accused' coming from the opposite side with a bag hung on his shoulder.

(2.) AFTER completing investigation, challan was presented in the Court for the trial of the accused. He was accordingly charge -sheeted and tried for the aforesaid offence. In his statement under Section 313 of the Code of Criminal Procedure his case was denial simplicitor. He did not lead any evidence in defence. At the end of trial he was convicted and sentenced as aforesaid, hence the present appeal.

(3.) ON the other hand, learned Additional Advocate General supported the impugned judgment of conviction and sentence. According to him, the link evidence is complete, recovery stands proved and the report of the Public Analyst also stands fully connected with the alleged recovery.