MAHANT BAL GIRI Vs. STATE OF HP

JUDGEMENT

(1.) THIS judgment will dispose of both the appeals titled above, as these have arisen from the same judgment passed by the learned trial Court in case No. 2-S/7 of 2004 decided on 12-5-2004.

(2.) THE challenge has been made by the appellants against their conviction and sentence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act), for allegedly possessing 1 kg. 400 grams of Charas.

(3.) PRECISELY, the facts of the case are that on 8-12-2003, Gurdayal Singh Inspector/ sho, Police Station, Solan was on routine traffic checking along with other police officials near Oachghat. He put a Nakka at sultanpur road. At about 1. 30 p. m. when he was checking the documents of a scooter of one Narinder Sharma (PW 1), a white coloured Ambassador Car bearing registration No. HR-20-E-5373, which was being driven by Mangat Ram came from Oachghat side, it was stopped by the police. Mahant balgiri appellant was found sitting in the front seat beside the driver and Chander phul on the rear seat. The documents of the said vehicle were checked. Said Shri. Gurdayal Singh asked Mangat Ram, appellant to open the bonnet of the car to match the engine and chassis number with registration certificate in the presence of Narinder sharma (PW 1) and one Pyare Lal, Postman who also happened to be present there. On opening the bonnet Gurdayal Singh, Inspector noticed a poly-pack kept concealed near the battery of the car. On checking it, he came to know that it was Charas. On weighing it was found to be 1 kg. 400 grams. Said inspector separated two samples of 25 grams each from the recovered quantity and sealed it separately with impression 'h'. The remaining quantity was sealed with the same seal. The seal was allegedly handed over to narinder Sharma (PW 1 ). The case property was taken into possession vide memo Ex. PB. He also filled in NCB Forms on the spot.