DHAN BAHADUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant has challenged the judgment of conviction and sentence passed by the learned trial Court under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short "the Act" for allegedly possessing 1.700 Kgs. of charas which contained 37.09% of resin, which is a constituent of charas and that comes to 640 gms. in the recovered quantity. Thus, the trial Court convicted and sentenced the appellant under Section 20(b) (ii) (B) of the Act to undergo rigorous 'imprisonment for a period of four years and to pay a fine of Rs. 25,000/- and in default of making payment of fine, the appellant was further ordered to undergo simple imprisonment for a period of four months, which has been challenged in this appeal.

(2.) In short, the prosecution case is that on 29.10.2006 PW-6, sub-inspector, Ram Karan was on patrolling duty along with other police officials in Banjar area. At about 2.30 p.m. when the police party reached one KM. from Sidhwan, they noted the appellant, a Nepali, carrying a polythene bag in his hand, who on seeing the police party travelling in the vehicle threw the bag on the road which he was carrying and started running on the path below the road. The police entertained suspicion that the appellant might be carrying some incriminating articles. Thus, Head Constable Ajay Kumar and Constable Dalip Kumar were instructed to chase him. The appellant was apprehended at a few distance and was brought before PW-6, Ram Karan, sub-Inspector. When he was questioned about the contents of the bag thrown by him, he could not reply. Thereafter the appellant was asked to pick up the bag and hand it over to him. The appellant obeyed the instructions. Thereafter the said officer in the presence of A.S.I. Mathru Ram and HHC Ajay Kumar opened the polythene bag which had the impression "Vinny School Bag" printed on it and found one polythene packet therein containing charas in the shape of sticks. The Sub-Inspector, aforesaid enquired about the identity of the appellant which was disclosed. The recovered stuff was weighed. It came out to 1.700 Kgs. Thereafter, he drew two. samples of 25 gms. each from the recovered bulk and sealed into two separate parcels with six seal impressions of seal "N" on the each parcel. The remaining bulk of recovered charas was put in the same polythene packet and sealed into another parcel with the same seal. Thereafter he obtained the sample of the said seal on a separate piece of cloth, Ex.PW-4/A.

(3.) NCB forms in triplicate were also prepared on the spot and one of its copy is Ex.PW-3/E. After its use, the seal was handed over to A.S.I. Matharu Ram.