SUNIL BARBARA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant, hereinafter to be referred as 'the accused' was convicted and sentenced under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short 'the Act' for holding 1 Kg 500 grams 'charas' on 9.10.2005, while traveling in bus bearing registration No. HP-65- 3981 being driven by driver PW-7 Karam Singh. Vide impugned judgment, the accused was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of rupees one lac. In default of payment of fine, accused shall also undergo rigorous imprisonment for a period of one year, hence the present appeal by the accused.

(2.) Shri Gurdev Singh Thakur, learned counsel for the accused forcefully argued that the evidence of the prosecution is replete with contradictions improbable and full of embellishment, rendering the prosecution case doubtful. It is also argued that the link evidence is not complete and no independent witness was examined by the prosecution to corroborate the version of the official witnesses.

(3.) On the other hand, Shri P.M. Negi, learned Deputy Advocate General duly assisted by S/Sh. Ramesh Thakur and J.S. Rana, Assistants Advocate General, supported the impugned judgment of conviction and sentence. It is further argued that the prosecution has included independent witnesses in this case i.e. driver of the bus and the conductor of the bus. The driver of the bus was examined as PW-7. Though he did not corroborate the case of prosecution, but the official witnesses are consistent in their statements. The link evidence is also complete.