SITA RAM Vs. STATE OF H P

JUDGEMENT

(1.) In Sessions Trial No. 17/07, decided on 29th/30th September, 2008, by the learned Special Judge, Kullu, the appellant was convicted and sentenced to undergo Rigorous imprisonment for a period of six months and to pay a fine of Rs. 2,000/-under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act' and in default of payment of fine to further undergo rigorous imprisonment for a period of one month, keeping possession 145 gms. Of Opium and the appellant was also held guilty for the offence punishable under Section 20 of the Act, for allegedly found in possession, Charas more than the small quantity and less than the commercial quantity, as such, sentenced to undergo to rigorous imprisonment for a period of four years and to pay a fine of Rs. 10,000/- and in default of payment of fine, he was further ordered to undergo rigorous imprisonment for a period of two months.

(2.) The sentences aforesaid passed under both the sections were ordered to run concurrently and the period to detention, if any, as an under-trial was ordered to be set off as per the provision of Section 428 of the Code of Criminal Procedure. Further the 'Opium' was ordered to be confiscated and the Charas, to be destroyed.

(3.) In short, the prosecution case is that on 23.11.2006, PW3 ASI Lekh Ram was heading a police patrolling party at the place called 'ZERO POINT' at Dhaugi (Kullu). Around 5.30 p.m., the police party noticed the appellant coming from opposite side with a bag in his hand. On seeing the police, the appellant accelerated his speed and diverted himself towards village Shalwar. The police became suspicious and apprehended him. His identity was asked. It was a lonely place and no independent witness was present, as such, PW1 HC Tek Chand and PW2 HC Yoginder Paul became the search witnesses. PW3 ASI Lekh Ram aforesaid searched the bag of the appellant and recovered 1.200 Kilograms of Charas and also 145 grams of Opium.