MOHAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant has laid challenge, to the judgment of conviction and sentence passed by the learned Additional Sessions Judge in Sessions Trial No. 3 of 2004 decided on 28.2.2005 for allegedly having in his possession of 4 kilograms of charas. He was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- under section 20 of the Narcotic Drugs and Psychotropic Substances Act in short "the Act".

(2.) PRECISELY , the case of the prosecution has been that S.I. Dhabe Ram (PW8) of Police Station, Aut, District Mandi, along with other police officials had proceeded on patrolling in a private vehicle No.HP-01K-0242 towards Panarsa Bridge and put a Naka near the road, leading towards Dari- Dalashni on 14.11.2003 at about 8.30 p.m. The police party spotted the appellant crossing the Panarsa Bridge, carrying a plastic boru (Jute bag) in his right hand. On seeing them he got confused and took U-turn and had attempted to flee away. Police overpowered him. His identity was asked and plastic-boru was inspected by the Sub Inspector Dhabe Ram aforesaid. It contained 4 kilograms of Charas, out of which two samples of 25 grams each, were separated and marked A-1 and A-2. Both the samples were sealed separately with seal impression "H", remaining charas was also sealed in the same plastic-boru. The seal impression was separately taken on a piece of cloth. The aforesaid recovery was allegedly done in the presence of PW-2 Kuldip Singh driver of the vehicle which was engaged by the police party. The Investigating Officer had filled in N.C.B.Form Ex.PW-1/A. Thereafter, the seal was handed over to Kuldip Singh (PW) aforesaid. The case property was taken into possession vide memo Ex.PW-1/C. Police also prepared the site plan Ex.PW-8/B. The appellant was arrested and the grounds of arrest were informed to him. A Rukka Ex.PW-4/A was sent through constable Baldev Singh, for registration of the case. The Sub Inspector aforesaid had prepared a special report and sent through HHC Bhuri Singh to the Superintendent of Police, Mandi.

(3.) AFTER completing the challan, it was presented in the court for trial.