ATMA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 17.9.2008 passed by learned Special Judge -II, Solan, District Solan, H.P., in Sessions Trial No. 10 -S/7 of 2008, whereby the accused/appellant (hereinafter referred to as the "accused" for the sake of convenience), who was charged with and tried for an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as the "Act" for the sake of convenience), was convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/ - and in default of payment of fine to undergo one year imprisonment under Section 20 of the Act.

(2.) THE case of the prosecution, in a nutshell, is that on 10.3.2008, the police laid Nakka on National Highway 22 near Police Station, Dharampur. At about 12.30 A.M. a bus CTU No. CH01G -8872 came from Shimla side. It was proceeding towards Chandigarh. The bus was stopped for checking. It was searched. The accused was sitting on seat No. 19. He had placed a bag between his legs. On suspicion, bag was opened. It contained charas. Since there was no sufficient place and light in the bus, the accused as well as bag was taken to the Police Station. The driver, conductor and one passenger were also called to the Police Station. The charas weighed 6.500 grams. Two samples of 25 grams each were taken out, which were packed and sealed on the spot. The remaining bulk was also packed and sealed in the parcel. The accused was arrested. The investigation was completed and the challan was put up in the court after completing all the codal formalities.

(3.) MR . Harish Bahl, learned Advocate, has vehemently argued that the prosecution has failed to prove its case against the accused.