VIKRAM SOOD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant hereinafter to be referred to 'the accused' was convicted by the learned trial Court, for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act', for allegedly for keeping in possession 7 Kgs. of "Poppy Husk", thus, he was sentenced to undergo rigorous imprisonment for a period of 'two' years and to pay fine of Rs. 20,000/-, in default of payment of fine, he was also ordered to further undergo imprisonment for two months. The period of detention, if any undergone pre-trial and during the trial was ordered to be set off as per the provisions of Section 428 of the Code of Criminal Procedure. Hence, the challenge in the present appeal. Ms. Suman Thakur, learned Counsel for the accused vehemently argued that there has been noncompliance of Section 50 of the Act and further that the search and seizure of the alleged contraband was effected from the accused after Sun-set and further that there have been lot of discrepancies in the statements of the prosecution witnesses rendering the prosecution case a suspect, which entitles the accused for his acquittal.

(2.) In short, the accused was put on trial on the following allegations:--

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