PUNE RAM Vs. STATE OF H P

JUDGEMENT

(1.) Appellant is aggrieved by the judgment dated 28.06.2003 of the learned Sessions Judge, whereby he has been convicted of offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, for allegedly being in possession of eleven kilograms of 'Charas' on 05.04.2003 at a place in the forest area of village Shilaru, Tehsil Ani, District Kullu, and sentenced to undergo rigorous imprisonment for ten years and to pay fine of rupees one lac and in default of payment of fine, to undergo rigorous imprisonment for a further period of two years.

(2.) We have heard the learned counsel for the appellant and the learned Additional Advocate General and have also gone through the evidence with the assistance of the learned counsel for the appellant.

(3.) Learned counsel for the appellant stated that there were contradictions in the evidence of the witnesses of the alleged search and seizure, which made the prosecution version about the appellant having been caught with the contraband stuff in the forest of Shilaru village, highly doubtful and that the contradictions are a pointer to the fact that the convict was called to the Police Station and a false case was foisted on him. He drew our attention to the statements of PW-1 Constable Nihal Chand, PW-2 Constable Diwan Chand and PW-6 HC Rattan Chand.