KULWANT SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) APPELLANT has been convicted of an offence under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, for allegedly being in exclusive and conscious possession of 1.550 kgs. of Charas and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/-, in default of payment of fine to undergo simple imprisonment for a further period of one year.

(3.) WE have considered the submission in the light of the evidence on record. The abovenamed three witnesses categorically stated that the total weight of the stuff that was recovered from the appellant was 1.550 kgs. and out of this stuff two samples each weighing 25 grams had been separated. According to their testimony, the weight of the parcel containing the bulk stuff was supposed to be 1.500 kgs. PW-5 MHC Narain Singh, while in the witness-box, stated that in the entry in the Rojnamcha register before the figure and word "500 grams", figure and word "1 kg." are also there. The explanation given by him for the omission of the figure and word "1 kg." in the Photostat copy Ex. PW-5/A is that the register was folded and while preparing the Photostat copy, on account of the fold in the register, the aforesaid figure and word did not appear. The explanation on the face of it is incorrect, because the entry regarding weight appears below printed column No.4. There are three more columns to the left of column No.4 and entries below those three columns are there in the Photostat copy in full. However, the falsity of the explanation of the MHC should not make any difference because there is unchallenged testimony of the Investigating Officer and the abovenamed two witnesses that the weight of the stuff was 1.550 kgs.