SHER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant Sher Singh was tried and charge sheeted along with his co-accused Sanjay Kumar driver for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act' for allegedly transporting 1kg and 800 grams of charas in vehicle No. HP-01K-0282. At the end of trial, Sanjay Kumar, driver of the vehicle was acquitted whereas Sher Singh the present appellant, was convicted and sentenced for the offence aforesaid to undergo rigorous imprisonment for a period ten years and to pay a fine of Rs. 1 lacs. In default of payment of fine, to further undergo imprisonment for one year. He was also given benefit under Section 428 of the Code of Criminal procedure with respect to pre-trial and during trial custody.

(2.) In short, prosecution case can be stated thus. On 8.12.2004 police party headed by PW12 Dheeraj Singh was on patrolling and traffic checking in official vehicle bearing registration No. HP33-0356 in the area of "Kandha". They had put a naka on the said place.

(3.) On examination of the sample, report Ext. PW10/F was received. In the opinion of chemical examiner the exhibit contained the contents of charas based upon the microscopic examination and beams alkaline test which were found positive and content of resin was 31.89% ww.