TULA SINGH SUNAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant, a Nepali, was convicted by the learned trial Court in case No. 12FTC/7 of 2010, decided on 13.3.2011, for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, in short "the Act", for allegedly keeping in his possession 704 grams of "Charas" in the total recovered stuff of 2 kilogram 500 grams, as such, sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 20,000/- and in default of payment of fine, to further undergo simple imprisonment for a period of six months. The appellant is undergoing the sentence imposed by the learned trial Court. He has filed the present appeal and requested to provide him legal aid. Vide order dated 30th September, 2011, Shri Virender Verma, Advocate was appointed as Legal Aid Counsel for him, paper book was supplied to him free of cost and was also allowed to inspect the file. A copy of the said order was ordered to supply to him as well as the appellant through the Jail Superintendent concerned. The appeal was admitted for hearing on 30th September, 2011. The record of the learned trial Court was sent for and examined in the light of the submissions made by the learned Counsel for the parties.

(2.) Precisely, the case of the prosecution, as emerges from the evidence of the prosecution, can be stated thus. During the intervening night of 30-11/1.12.2009, a police party headed by PW-10, ASI Rama Nand was deputed on Nakabandi on National Highway No. 22, near Police Station, Dharampur and to this effect, Rapat Ext. PW-8/A was recorded in the daily diary register.

(3.) After completing the investigation, challan was presented in the Court for the trial of the accused for the offence aforesaid. He was accordingly charge-sheeted, to which he pleaded not guilty and claimed trial.