MOHINDER SINGH S/O SHRI KALU RAM, R/O SASHEER, TEHSIL SARKAGHAT, DISTRICT MANDI, H.P. Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant by means of the present appeal has challenged his conviction passed under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short "the Act", whereby he has been sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.40,000/ -with default clause, for allegedly keeping in possession 20.76% resin weight -in -weight of recovered stuff of 2.00 Kilograms.

(2.) THE prosecution case as revealed by PW9 HC Balram Ram can be summed up thus. On 16th February, 2007, 'Shivratri festival' was going on at Mandi. He was heading a police party and was present at Bus -Stand on patrol duty. About 9.45 a.m. the appellant hereinafter to be referred as "the accused" on seeing the police party had tried to escape. Police entertained suspicion that he may be either a thief or a pickpocket, thus chased him and apprehended after covering a short distance. PW2 Kali Dass, a Scrap Dealer and one Anil Sharma were associated as the independent witnesses. The identity of the accused was asked in their presence. Police party conducted the personal search of the accused and he was found having tied three polythene packets on each of his legs with strings, which contained two kilograms of Charas, some in flat shape and some billets.

(3.) SHRI Virender Singh Rathore, learned counsel for the accused vehemently argued that the Chemical report of the analysis does not conform to the definition of the "Charas". Further he ventilated that though the official witnesses have stated that the NCB forms, sample of seal etc were deposited in the Malkhana alongwith the case property, but its entry did not find mentioned in the Malkhana register, as also on the road certificate, thus, during the trial, they gave an improved version not supported by the official record. He also pointed out that the defence taken by the accused stands probablised that he was traveling in the Bus. There was an abandoned bag which contained some stuff and ultimately this was foisted upon him. The story as projected is incorrect. He also referred to the statement of the alleged independent witness Kali Dass who himself is facing wrath of the police as having been implicated in a false theft case and another witness was not examined. The said witness did not support the case of the prosecution. According to learned counsel, the entire case is surrounded by suspicion and evidence so led cannot be made the basis for the conviction of the accused.