MANOHAR SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The challenge, in this appeal is made by the appellant, hereinafter referred to as the accused against his conviction and sentence passed by the learned trial Court in NDPS Case No. 4 of 2006 decided on 24.3.2011 whereby he has been sentenced to undergo imprisonment for a period of 7 years and to pay a fine of Rs. 50,000/- and in default of payment of fine to further undergo imprisonment for a period 6 months for allegedly keeping in his possession 32.87% WW resin of cannabis which is 329.4 grams in the recovered stuff of one kilogram.

(2.) Heard and gone through the evidence on record.

(3.) Precisely, the case of the prosecution is that on 11.11.2005 there was a lavi fair . Around 3.15 p.m., police party headed by PW10 Inspector/ SHO Dayasagar was on patrolling in their official vehicle. When they reached near the place known as Deodhank , they spotted the accused going towards village Bial with a bag in his hand. On seeing police party, he tried to escape, getting suspicious, he was intercepted and his identity was asked by PW Inspector Dayasagar aforesaid to which he disclosed. He was from Riwari District, Haryana State.