BALBIR KUMAR Vs. STATE OF H.P

JUDGEMENT

(1.) THE appellant has challenged the judgment of conviction and sentence passed by the learned trial Court under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 in short 'the Act' in Sessions Case No. 29 of 2004 decided on 17.2.2005 for allegedly keeping in possession 1 Kg. 100 grams of charas, whereby he has been sentenced to undergo imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- and in default of payment of fine to further undergo simple imprisonment for a period of one year.

(2.) PRECISELY , facts of the case, as alleged by the prosecution are that ASI Ranjit Singh was heading a police patrol party in connection with detection of crime. On 20.1.2004 at about 4.10 p.m. at Chaminu Nullah. They noticed the appellant hereinafter referred to as 'the accused' coming from the water mill side. On seeing the policy party, the accused got perplexed and tried to runaway. However, he was apprehended by the police. The accused was found trying to conceal a polythene envelope under his arm pit. Thus, getting suspicious, the polythene envelope was searched and charas in the aforesaid quantity was recovered. Two samples of 20 grams each were taken out and sealed with seal impression 'T'. Remaining bulk was also sealed with the same seal impression. NCB forms in triplicate were filled-in on the spot. Case property was taken into possession vide seizure memo Ext. PW1/A.

(3.) AFTER completing investigation, challan was presented in the Court for the trial of the accused. He was accordingly chargesheeted for the offence aforesaid to which he pleaded not guilty and claimed trial.