LAWS(HPH)-2014-5-130

NARESH KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On May 20, 2014
NARESH KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THE present appeal has been filed against the judgment and sentence passed by the learned Special Judge, Shimla in Sessions Trial No. 2 -S/7 of 2007.

(2.) BRIEF facts of the case as alleged by the prosecution are that on 14.2.2007 at about 5.30 AM the accused was found in exclusive and conscious possession of 8 Kg. 500 grams charas at a place 2 Km away from Sainj. The learned trial Court framed the charge against the accused under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') on 11th May, 2007. The accused did not plead guilty and claimed tried.

(3.) THE statement of the accused was also recorded under Section 313 Cr. P.C. The accused also examined four defence witnesses. The learned trial Court convicted the appellant to rigorous imprisonment of ten years and fine to the tune of Rs. 1,00,000/ - (Rs. One lac). The learned trial Court further directed that in default of payment of fine the appellant shall further undergo simple imprisonment for a period of one year.