NARAYAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellant/convict has filed the instant appeal against the judgment, dtd. 1/8/2018 passed by the learned Special Judge-II, Chamba, H.P. whereby he has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000.00 and in default of payment of fine, to further undergo simple imprisonment for a period of 2 years under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985( in short, 'NDPS Act").

(2.) The case of the prosecution, in a brief, is that on 10/2/2016 at about 8:45 P.M., when HC Virender Singh (PW16) along with HHC Mohd. Aslam (PW1), Constable Sanjay Kumar (PW2), Constable Suneel Kumar, along with I.O. kit, mega light, govt. camera, electronic scale and government vehicle bearing No. HP 48-1220 was present at 'Dori Ban' in connection with patrolling and nakkabandi, the appellant was noticed coming from Khushnagari side towards Tissa having a 'pithu' bag on his right shoulder. On seeing the police party, when he tried to run back, a suspicion arose that he might be carrying some suspicious articles with him and accordingly, he was nabbed on the spot at some distance.

(3.) At the same time, one car bearing registration No. HP-73-2543 came from the side of Tissa to Khushnagari, wherein driver was the only occupant of the vehicle. The car was got stopped and its driver was asked about his credentials, who disclosed his name to be Babar Khan (PW4). PW4 was associated in the investigation as a witness. Thereafter, the credentials of the appellant were also asked, who accordingly disclosed his name. The 'Pithu' bag of the appellant was opened in presence of police officials and independent witness PW-4 and on opening, a multi coloured carry bag was found, wherein a black coloured hard substance in the shape of rounds and sticks was recovered. On the basis of smell and experience, the black coloured hard substance was found to be charas/cannabis. The recovered cannabis/charas was thereafter weighed with the help of electronic scale and on weighment it was found to be 3.568 kgs.