SHAMSHAD Vs. STATE OF H P

JUDGEMENT

(1.) The appellant has challenged the judgment of his conviction, passed by the learned trial Court under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, in short the 'Act' whereby he was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.2, 00,000/- in default of payment of fine, further to undergo the rigorous imprisonment for a period of two years, allegedly having found 4 Kgs Charas, in his Maruti Alto Car driven by him, which was also ordered to be confiscated to the State. PROSECUTION CASE :

(2.) In brief, the prosecution case is that on 21.9.2004, the police party headed by the then H.C. Lal Chand (PW 10) put a Naqa on the Mandi-Kullu National Highway at forest check post at 'Barindavani' near Mandi Town. Besides the said Head Constable, another HC Nanak Chand, Constables Khem Chand, Narain Singh and Forest Guard Lelin Sharma (PW7) and Chowkidar Rattan Chand were also present there.

(3.) Around 12.30 p.m., a new 'Maruti Alto Car' bearing temporary registration No.HP- 33-9616(T) came from Kullu side, which was being driven by the appellant. On noticing the police, the appellant got frightened which raised their suspicion. Thus, his ' car was checked by PW 10 HC Lal Chand, in the presence of PW7 Lelin Sharma Forest Guard and Rattan Chand, Chowkidar of the forest check-post.