NARESH BAHADUR SAHI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The contradictions in the testimonies of police officials HC Nand Lal (PW-1) and Inspector Chet Singh (PW- 8), who carried out the search and seizure operations and the discrepancies in the testimonies of HHC Lalit Kumar (PW-2) and HHC Rakesh Kumar (PW-6) proving link evidence are the main grounds urged before us, in assailing the judgment of conviction of the appellant under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). Non association of independent witnesses is yet another ground urged by the appellant.

(2.) It is a matter of record that no independent witness was either associated by the police during the investigation nor examined by the prosecution during trial. From the testimonies of eight police officials, trial Court found the prosecution to have established its case of recovery of 1 k.g. 600 grams charas (a psychotropic substance) from the conscious and exclusive possession of the accused.

(3.) The only defence taken by the accused is of innocence and false implication. Undisputedly, no evidence in rebuttal, stands led by him.