DUNI CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant is aggrieved and dissatisfied by the judgment of the conviction and sentence passed by the learned Sessions Judge, Kullu in Sessions Trial No.83 of 2004, on 23.9.2005, whereby he was convicted for the offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985, in short "the Act", for allegedly keeping in his possession 1.00 kilo grams Charas and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. . 1,00,000/-; in default of payment of fine to further undergo imprisonment further for four year.

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

(3.) In short, the prosecution story as emerges from the evidence on record can be stated thus. On 7.6.2004, PW3 SI Neel Chand was heading a police patrol party. When they were on detection of crime in Nagar area, falling under Police Post Patli Kuhal (Kullu) and just across half kilometer ahead of Nagar bridge, they spotted the appellant, hereinafter referred as "the accused" coming from the opposite side carrying a rucksack on his back. On seeing the police party, the accused had tried to escape which raised suspicion, thus the police party apprehended him. According to the case of the prosecution, it was an isolated place and no witnesses were available, as such, SI Neel Chand associated PW1 ASI Bhim Sain and PW2 C. Sunder Singh, the police officials from the patrol party, as witnesses.