RAMAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) ALL these three appeals arise out of the same judgment, i.e. judgment dated 15.3.2007 of learned Trial Court, whereby appellants, in all the three appeals, have been convicted of offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, for being in possession of 2.240 kgs. of Charas and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1,00,000/ - each; in default of payment of fine to undergo imprisonment for a further period of three years.

(2.) CASE of the prosecution is that on 5.1.2005 around 6 p.m., when PW -11 ASI Amin Chand of Police Station, Tissa, alongwith PW -1 HHC Diwan Chand, PW -4 HHC Dev Raj and some other police officials, was present at a place called Tilmili Mor on Tikrigarh Road, Indica Car No. HR -09A -2515 appeared from Tikrigarh side. It was got stopped and checked. On checking, a bag (Thella) was found kept on rear seat. On the two sides of bag Ext. P -4, appellants Raman Kumar and Raj Kumar were sitting and the third appellant Sat Pal was driving the car. On checking, bag was found to contain Charas, which weighed kgs. Two Samples, each weighing 20 grams, were separated. The samples and the bulk stuff were made into separate parcels and were sealed with a seal that produced the impression of letter A - of English alphabet. Case property was deposited with PW -8 MHC Charan Singh. One part of the sample was sent to Chemical Examiner, who found 27.89% resin of cannabis in the sample. On receipt of the report, appellants were challaned.

(3.) PROSECUTION examined PW -11 SI Amin Chand, PW -1 HHC Diwan Chan and PW -4 HHC Dev Raj, to prove the search and the seizure. It also examined two independent witnesses, namely PW -5 Sher Mohammad and PW -6 Rajan Singh, who turned hostile. Report of the Chemical Examiner Ext. PX was also tendered in evidence.