BALLE RAM Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment of 21.7.2008 rendered by the learned Special Judge, Hamirpur in Sessions trial No. 13/07, whereby the learned trial Court convicted the appellants (hereinafter referred to as "accused") for theirs committing an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") also sentenced them as follows:-

(2.) Brief facts of the case are that as per rapat No. 36 of 30.1.2007 ASI Rajinder Paul alongwith some other police officials left the police station at 12.45 a.m. in a Government vehicle towards Bhareri-Ladraur etc. side for patrolling duty. When they were returning to the police station at about 4.30 a.m. and reached Bailag Ghat, one vehicle bearing registration No. HP- 01H-2710 was found parked on the road side. The accused persons were found to be sitting in the same. On seeing the police party they got frightened. They were questioned by the police. They disclosed theirs names and addresses. On suspicion the vehicle was got checked. On checking, one polythene envelope was recovered from the back of accused Balle Ram and Durga Dass. The words "Yarkey Boot House, Lower Dhalpur, Kullu" were inscribed on the same. Inside the polythene envelope, one handkerchief was found. It was opened. There was another polythene wallet inside. It was containing charas. On weighment the charas was found to be 600 grams. Two samples of 25 grams each were separated from the same. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) The accused stood charged by the learned trial Court for theirs committing an offence punishable under Section 20 of the Act to which they pleaded not guilty and claimed trial.