PREM LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant, here-in-after referred to as "the accused" was convicted for the offence punishable under Section 20(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act', for allegedly keeping in his possession the resin of cannabis plant to the extent of 22.49% W/W in the recovered stuff of 3.5 Kilograms, as such, sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/- with default clause, hence the present appeal.

(2.) Shri N.K. Thakur, learned Senior Advocate duly assisted by Shri Ramesh Sharma, Advocate at the very outset submitted that keeping in view the percentage of the resin quantity and the judgment passed by this Court in Dharam Pal v. State of Himachal Pradesh and Another, HLJ 2007 HP 827, the sentence may be reduced as the offensive matter falls less than commercial quantity, whereas the conviction is not assailed; but however, we examined the whole case and reappraised the evidence.

(3.) The prosecution case unfolded by the evidence adduced during the trial can be summed up thus. On 27.1.2007, PW12 Inspector Sanjeev Bhatia was heading a police patrolling party. They were patrolling in connection with detection of crime under the Excise Act and were present at Chakoli Bridge in Chamba district falling under the Police Station Dalhousie. At that time, PW1 Mohammed Irshad and Shakti Parshad were standing nearby waiting for the bus for Kihar. In the meantime, accused came from Diur side with a grey coloured cotton-bag hung on his right shoulder, who on seeing the police tried to escape. Police entertained doubt, he was nabbed, his bag was searched and the police recovered 3.5 kilogram of the stuff in the presence of witnesses PW1 Mohammed Irshad and Shakti Parshad.