RAKESH KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment of 29.4.2008 rendered by the learned Special Judge, Fast Track, Kullu, H.P., in Sessions trial No. 33/07, whereby the learned trial Court convicted the appellant (hereinafter referred to as "accused") for his committing an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") also sentenced him as follows:-

(2.) Brief facts of the case are that on 27.1.2007, ASI Mathru Ram alongwith Constable Om Chand, C Karanjore and lady Constable Maya had proceeded from police Station in Government vehicle bearing registration No. HP-34A-0213 in connection with a patrol duty. When the police party aforesaid was present on the road near Shringa Rishi Aal one person came from Deori side who had covered his body with the aid of blanket(Patu) at about 2.00 p.m.. On seeing the police party, he turned back. It was suspected that he might be in possession of contraband. He was apprehended by the police party. It was a secluded place. Despite efforts no independent witness was found thereat. On inquiry, the accused disclosed his name to be Rakesh S/o of Ganje Singh R/o Sonali Road Chandni Bag new housing Board Colony Tehsil Panipat. Accused was apprised about his right to be searched in the presence of Magistrate or a Gazetted Officer on which he consented to be searched by the police. A consent memo was prepared.

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