KRISHAN CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant was convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short the Act - allegedly keeping in his possession 334.5 grams of Charas out of the recovery of 1 Kg. Substance. Accordingly, he was sentenced to undergo Rigorous Imprisonment for a period of three years and to pay a fine of Rs.30,000/ -, which has been challenged in this appeal.

(2.) IN brief, the prosecution case can be summed up thus. On 12.7.2007, PW3 SI Ramesh Chand along with HC Yash Pal (PW2), HHC Hem Raj (PW1) and HHC Lal Singh (not examined) were present on patrol duty for the detection of crime in Pulga jungle near the bridge. In the evening, at about 6 p.m., the appellant came from the side of Pulga village holding an envelope in his hand. On noticing the police party present near the bridge, he immediately returned back and started walking fast towards village Pulga and tried to throw away the envelope but the police overpowered and prevented him from doing so. They enquired about his identity to which he disclosed. The said place being a secluded one, no independent witness was available, although an effort was made by HHC Lal Singh. In absence of any independent witnesses, HC Yash Pal and HHC Lal singh both were associated as witnesses to witness the search. The envelope, which was in the hand of the appellant contained the inscription of Mayur School Bag. - It was searched in the presence of the above witnesses. It contained a Pant and T -shirt, wherein two packets were found wrapped with cello -tape, which contained 1.00 Kgs of Charas in all in the shape of small sticks.

(3.) THE NCB forms, in triplicate, were filled in on the spot. The seal impressions were taken separately and after its use the seal was handed over to HC Yash Pal. The case property was taken into possession vide memo Ex. PB. The appellant was arrested and grounds of arrest were informed to him.