STATE OF H.P. Vs. GANESH KUMAR

JUDGEMENT

(1.) BOTH these appeals are being disposed of together by this common judgment as both appeals have been filed against the same judgment and sentence passed by the learned Special Judge Fast Track Kullu HP in Sessions Trial No. 40/2007 titled State of HP Vs. Ganesh Kumar decided on 9th January 2008.

(2.) BRIEF facts of the case as alleged by the prosecution are that on 9th May 2007 at about 9.30 AM at a place Baldhar District Kullu accused was found in conscious and exclusive possession of charas measuring 1 Kg 200 grams. 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 13th September, 2007. Accused did not plead guilty and claimed trial.

(3.) STATEMENT of the accused was also recorded under Section 313 Cr.P.C. The accused did not examine any defence witness. The accused took the plea of complete innocence and false implication. The learned Special Judge Fast Track, Kullu HP convicted the appellant under Section 20 of the 'Act' to rigorous imprisonment for four years and to pay fine of Rs. 40,000/ - (Rs. Forty thousands). 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.