HARI OM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellants are in appeal before this Court against judgment dtd. 9/8/2017 and sentence order dtd. 17/8/2017 passed by learned Special Judge-II, Kinnaur at Rampur Bushehar, H.P. in Sessions Trial No. 19-R/3 of 2016, whereby they have been convicted for offence under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the ND&PS Act'). Each of the appellants has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000.00. In default of payment of fine, each of the appellants has been sentenced to further undergo simple imprisonment for six months.

(2.) The appellants were charged for being found in exclusive and conscious possession of Charas weighing 1 kg. 90 grams on 13/12/2015 at about 8.05 A.M.

(3.) The case of prosecution in nutshell was that on 13/12/2015 PW-7 HC Mohan Joshi alongwith PW-1 C. Vipin Kumar and PW-2 HHC Laxman Dass had left the Police Station, Anni, District Kullu at 4.08 A.M. on routine patrol duty in official vehicle driven by PW-1 C. Vipin Kumar. The Police party had stationed it at place Nigan. At about 8.05 A.M., one Maruti van bearing registration No. PB-10-DM-2016 was sited coming from direction of village Shawad. The vehicle was stopped for checking. The appellant Hari Om (A-1) was on the driver seat and appellant Subhash Chand (A-2) was occupying the front passenger seat. One carry bag was found lying between two front seats. The bag was checked and Charas weighing 1 kg. 90 grams was recovered therefrom in the shape of sticks and balls.