ISSAR BAHADUR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant was convicted by the learned trial Court, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short the Act - allegedly keeping in his possession 506.65 grams of charas out of the recovery of 1.5 Kgs. substance. Accordingly, he was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 25,000/ -, and in default of payment of fine, the appellant was further ordered to undergo simple imprisonment for a period of six months. The benefit of Section 428 of the Code of Criminal Procedure was also given.

(2.) THE appellant has assailed his judgment of conviction and sentence passed by the learned trial Court, on the grounds of his false implication and further that there has been material contradictions in the statements of the prosecution witnesses, which makes the prosecution case highly doubtful and also that PW9 Khem Raj was a stock witness as having become a witness into other cases on the same day.

(3.) IN brief, the prosecution case is that on 1.9.2006, information was received in police station Manali that some Nepaleese were staying in Shiva Lodge - at Manali and indulging in illicit trafficking of narcotics. This information was reduced into writing in Rapat Roznamcha, the extract of which Ext.PW1/A was sent through Constable Prem Prakash to Dy.S.P., to satisfy the compliance of Section 42(2) of the Act.