STATE OF HIMACHAL PRADESH Vs. RAM SINGH

JUDGEMENT

(1.) The Supreme Court in Zahira Habibulla H. Sheikh and another Vs. State of Gujarat and others, (2004) 4 SCC 158 has held as under:-

(2.) On 28.2.2005, accused persons were caught carrying contraband substance i.e. Charas, weighing 6 kilograms and 800 grams. The contraband substance was seized from the conscious possession of the accused. It was sealed and taken into possession by the police. Accused were charged for having committed an offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). The Additional Sessions Judge, Mandi, Himachal Pradesh, by a common judgment convicted the accused of the charged offence and sentenced them to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 1,00,000.00 each. The conviction was, inter alia, based on the chemical examiner’s report (Ex. PX), Sec. II of which reads as under:-

(3.) Assailing the impugned judgment dated 29.6.2006 passed by Special Judge (Additional Sessions Judge), Mandi, H.P. in Sessions Trial No. 14 of 2005, titled as State Vs. Ram Singh and another , the accused have preferred the instant appeals. Criminal Appeal No. 259/2006 was admitted on 30.8.2006 and Criminal Appeal No. 267/2006 was admitted on 6.9.2006.