LAYAK RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment rendered on 31.3.2008, by the learned Additional Sessions Judge (Special Judge II), Mandi, H.P, in Sessions trial No. 14 of 2006, whereby the appellant/accused has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. One lac, for the commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, and, in default of payment of fine, he has further been sentenced to undergo rigorous imprisonment for six months.

(2.) The prosecution case, is, that on 10.8.2006, Head Constable Ram Lal alongwith LHC Kishori Lal and LC Rakesh Kumar, was present at New Bus Stand, Sundernagar. At about 4.30 p.m., they sighted the accused running towards the gate of the bus stand, with a polythene bag, in, his hand,. On chase, they overpowered the accused. On inquiry, HC Ram Lal recovered a polythene bag Ex. P-2 from the accused and on its checking, it, was found containing two other polythene bags Ex. P-3 and P-4, which were found to be containing charas Ex. P-5 in the shape of sticks. The charas was weighed and was found to be 1 kg. 870 grams in weight. Out of charas recovered, two samples of 25 grams each were separated and the remaining charas was packed in separate parcels and were sealed with seal impression 'R'. HC Ram Lal filled in the NCB form. The case property was taken into possession and the recovery memo was prepared. The accused was arrested by H.C Ram Lal. H.C Ram Lal sent rukka through LHC Rakesh Kumar to police Station, Sundernagar, where FIR was registered against the accused. The case was investigated by HC Ram Lal who prepared spot map and also recorded the statement of witnesses.

(3.) On completion of the investigation into the offence, allegedly committed by the accused, challan under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, came to be filed against the accused.