JOG RAJ Vs. STATE OF H P

JUDGEMENT

(1.) Aggrieved by his conviction and sentence for the commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as the 'the Act', in short vide impugned judgment dated 2.11.2011, passed by learned Special Judge, Kullu in Sessions Trial No.43 of 2010, the appellant, hereinafter referred to as the accused, has approached this Court by filing the present appeal for quashing and setting aside the same.

(2.) The legality and validity of the impugned judgment has been questioned on several grounds, however, mainly that the recovery of the contraband allegedly Charas from the conscious and exclusive possession of the accused is not proved beyond all reasonable doubt, nor the prosecution witnesses, none-else but the police officials, could have been relied upon to record the findings of conviction against the accused. The irregularities committed by the investigating agency during the course of search and seizure have also been highlighted.

(3.) In a nut shell, the prosecution case, as disclosed from the record reveals that Sub Inspector/SHO Police Station, Manali Shri Om Prakash PW-5, accompanied by HC Satya Naam and Constable Om Prakash, PW-1, left for patrol duty towards Patlikuhal side around 1.00 p.m. on 10.7.2010.