SANDEEP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant was convicted by the learned Trial Court on 6/9/2011 for the commission of offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) for possessing approximately 390 Gms. of cannabis. Vide order dtd. 11/9/2011, he was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.10,000.00 with default clauses. The substantive sentence imposed upon the appellant was suspended vide order dtd. 31/10/2012 passed in this appeal preferred by him.

(2.) Briefly put, the prosecution case is :-

(3.) Learned trial Court on considering the entire case, came to the conclusion that prosecution had been able to prove beyond reasonable doubt that 390 Gms. of cannabis was recovered from exclusive and conscious possession of the appellant. The appellant was accordingly held guilty of commission of offence under Sec. 20 of the Act vide judgment dtd. 6/9/2011. He was sentenced to rigorous imprisonment of one year alongwith fine of Rs.10,000.00 with default clauses vide order dtd. 11/9/2011. This judgment and the sentence order have been assailed in the instant appeal.