KRISHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal by the convict is directed against the judgment dated 19.1.2007, delivered by the learned Special Judge, Chamba in Sessions Case NO. 8 of 2006, whereby the accused has been convicted of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act ).

(2.) The prosecution case briefly stated is that on 10.12.2005, PW-11 ASI Bhadur Singh along with PW-3 LHC Virender Singh, PW-4 Constable Majid Mohammad and PW-6 Constable Sanjay Kumar was on routine patrolling duty at Nainikhad. Two witnesses PW-1 Chaman Lal and PW-2 Bharat Ram were present at the same place as they were waiting for a bus.

(3.) At about 4.14 p.m., one person came from Mail Chuhan Road towards Nainikhad. The said person was carrying a gunny bag in his hand. On seeing the police party he appeared to become confused and tried to run away. This aroused the suspicion of the police officials and the said person was overpowered by the police in the presence of the official witnesses. At that time, Chamba was facing terrorist problems and the police officials suspected that the said person may be carrying some arms/ammunitions. Therefore, the bag which the said person was carrying was opened and it was found containing one plastic/polythene bag. When the said polythene bag was opened and it was found containing charas.