BHIM BAHADUR Vs. STATE OF HOMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT -convict Bhim Bahadur, hereinafter referred to as the accused, has assailed the judgment dated 15.10.2009, passed by Special Judge, Bilaspur, Himachal Pradesh, in Sessions Trial No. 8 of 2009, titled as State of Himachal Pradesh v. Bhim Bahadur, whereby he stands convicted for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), and sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 1,00,000/ - and in default thereof to further undergo rigorous imprisonment for a period of one year. The judgment stands assailed by the convict by taking several grounds in the appeal.

(2.) HOWEVER , at the time of hearing Mr. Ravinder Thakur, learned counsel for the appellant, confined the challenge only on the question of period of imprisonment, which the convict has to undergo, in the event of default of payment of fine by him. According to the learned counsel, convict is a poor man and cannot deposit fine of Rs. 1,00,000/ -. As such, he wants the Court to reduce the period of imprisonment from one year. In support of his contention, learned counsel has referred to and relied upon Shahejadkhan Mahebubkhan Pathan v. State of Gujarat, : (2013) 1 SCC 570 : (2012 AIR SCW 5875); and Shantilal v. State of M.P., : (2007) 11 SCC 243 : (2008 Cri.L.J. 386 (SC)).

(3.) HAVING perused the testimony of witnesses of recovery of contraband substance from the conscious possession of the convict, we do not find any illegality, infirmity or error in the findings returned by the trial Court. On 25.2.2009, convict was found to be in possession of contraband substance i.e. charas in the shape of sticks and rolls, weighing 1 kg and 150 grams. It was kept by the accused in a green envelope. Recovery was effected by SI/SHO Gurdial Singh (PW -10), when he along with other police officials was present near College Chowk, Bilaspur, in connection with a case under the provisions of Section 498 -A of the Indian Penal Code. The convict was informed of his statutory rights. The contraband substance was weighed; samples drawn; sealed and seized by the police officials and thereafter deposited with the MHC who sent the samples for chemical analysis to the Forensic Science Laboratory. All papers of search, seizure and recovery were prepared in accordance with the settled principles of law. Report of the chemical analysis confirmed the recovered contraband substance to be charas.