LATIF MOHD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this appeal filed under Sec. 374 Crimial P.C. convict Latif Mohd. has assailed the judgment dated 06.04.2017, passed by Special Judge-II, Chamba, District Chamba, H.P., in Case Filing No./NDPS Act/418/2015. (Regd.No./NDPS Act/30/2015), titled as State of Himachal Pradesh vs. Latif Mohd., whereby he stands convicted for having committed an offence punishable under the provisions of Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of '1,00,000.00 (rupees one lac) and in default thereof, to further undergo simple imprisonment for a period of 2 years.

(2.) Allegedly 1 kg 456 grams of charas stands recovered from the conscious possession of the accused.

(3.) In our considered view, the approach adopted by the trial Court, to say the least, has been extremely erroneous if not perverse. The learned trial Court proceeded as though onus to establish innocence solely rests upon the accused. It is true that under the provisions of the NDPS Act, there is a statutory presumption, but then such presumption, would arise only and only if it is proven, at the first instance that prosecution has been able to establish the genesis of the prosecution story of recovery of the contraband substance from the conscious possession of the accused to be true.