BHUMIKA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant was found in possession of 2 Kg. stuff in the bag carried by her which contained 35.89% weight-in-weight resin of Cannabis plant, thus in terms of weight the contents of "Charas" of the recovered stuff were 717 grams, as such she was convicted for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act' and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 70,000/-. In default of payment of fine, she was further sentenced to undergo simple imprisonment for a period of six months. The benefit of Section 428 of the Code of Criminal Procedure was also accorded. Feeling aggrieved, the present appeal has been filed by her on law and facts.

(2.) Shri P.M. Negi, learned Deputy Advocate General, countered the above arguments that the accused came across the police-party by chance. It was a secluded place, no independent witness was available otherwise also there is no requirement of law to include independent witnesses, as the place from where the recovery was effected from the accused was an open place. The link evidence is also complete. He also referred to the observations of the learned trial Court made in the statement of PW2 HHC Mast Ram to connect the report of the analysis with the recovered stuff and submitted that there is no infirmity in the judgment, therefore, requires no interference.

(3.) I have examined the rival contentions and have reappraised the evidence on record.