SOM NATH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant was tried and convicted for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short the Act -, by the learned Special Judge, Kullu for allegedly keeping in possession 3 Kgs. of Charas (Cannabis plant), and sentenced to undergo imprisonment for a period of ten years and to pay a fine of Rs. 1 lac, in default of payment of fine, he was further ordered to undergo imprisonment for a period of one year.

(2.) IN brief, the prosecution case can be stated thus. On 5th November, 2005, at about 2.15 a.m. PW -2, ASI Biri Singh was on detection of crime alongwith some police officials and were patrolling in the official vehicle No.HP -34 -0162 in Kullu town. When the police vehicle, in which they were patrolling, reached near Bhootnath temple half kilometer away from Jia road, they parked it on the side of the road and at about 4.15 a.m. spotted the appellant coming from the opposite direction. Police stopped him and asked about his identity. He disclosed his name and address. The appellant was found carrying a black coloured bag hung on his shoulder. When asked about its contents, he disclosed that he was carrying Charas in the bag. ASI Biri Singh tried to get independent witnesses through, PW -1 Sunder Lal and Head Constable Ranjit Singh but they could not find anyone in the wee hours. ASI Biri Singh aforesaid associated Head Constable Ranjit Singh and Constable Sunder Lal as witnesses to the search. The appellant was brought inside the vehicle. The Investigating Officer rendered himself to search in the presence of the witnesses by the appellant, but nothing incriminating was found from his possession.

(3.) THE sample of seal was taken separately on the piece of cloth Ext.PW -1/A. The NCB forms in triplicate were filled in and one of such forms is Ext.PW -2/B. The seal after its use was handed over to Head Constable Ranjit Singh.