PRITAMGIR SON OF SHRI RAJGIRI RESIDENT OF JUNGA, HARIDWAR, PRESENTLY LODGING IN MODEL CENTRAL JAIL, KANDA, TEHSIL AND DISTRICT SHIMLA, H.P. Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE present Criminal Appeal has been preferred under Section 374 (2) of the Code of criminal Procedure in reference to the judgment dated 6.6.2002, passed by the Learned Sessions Judge, Mandi in Sessions trial No. 19 of 2003 dated 30.6.2004, convicting the appellant for the offence under Section 20 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act'). The prosecution case, in brief, is that on 5.2.2003 at about 5.30 p.m., the police party apprehended the convict/appellant, while carrying a bag on his right shoulder and on apprising him his legal right of being searched and on obtaining his consent, contraband good, namely, Charas 1 kg 500 grams was recovered. Out of seized charas, two samples of 25 grams each were separated and put inside the polythene bag and thereafter sealed in two separate parcels with seal impression 'T' and samples were sent for chemical examination. After completion of the investigation the convict/appellant was chargesheeted for the aforesaid offence.

(2.) IN order to prove its case, the prosecution has examined as many as nine prosecution witnesses, whereas convict/appellant in his statement under Section 313 of Cr.P.C. has denied the prosecution case.

(3.) PW -7 Ram Lal has deposed that on 5.2.2003, at about 8.00 p.m. Rukka Ex. PW -7/A was received in the police Station through Constable Mohan Singh and in that reference FIR Ex. PW -7/B was registered. PW -7 has further deposed that on 6.2.2003 at about 12.00 p.m., the SHO, Police Station Aut, handed over two sample parcels and one residue parcel which after resealing with seal impression 'S' were kept in safe custody. PW -8 and PW -9 had supported the prosecution case in their official capacity.