RAM BAHADUR Vs. STATE OF H P

JUDGEMENT

(1.) Appellant has challenged his conviction under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short 'the Act' passed by the learned Special Judge (Fast Tract Court), Kullu, in Sessions Trial No. 12 of 2007, whereby he was sentenced to undergo imprisonment for a period of ten years and to pay a fine of rupees one lac and in default of payment of fine further to undergo rigorous imprisonment for a period of one year for allegedly possessing 2.5 kg. of charas.

(2.) In brief, prosecution case is that PW4 ASI Khem Chand, Incharge of Police Post jari, Police Station Kullu, was heading a Police patrol party on 20.10.2006 and was present at the place known as 'Sora Aage'. At about 4.30 p.m., appellant came from the side of village 'Malanger', with a plastic bag hung on his left shoulder. On seeing the Police party, he tried to runaway. Police got suspicious that he might be carrying some contraband with him, thus he was overpowered. His identity was asked. The place was secluded, no independent witness was present.

(3.) After complying with the provisions of Section 50 of the Act, in the presence of PW1 HHC Dina Nath and Constable Hira Singh, no incriminating article was found on his personal search. However, on checking his plastic bag, 2.5 kg. charas found wrapped in a polythene envelop, was recovered. Two samples of 25 grams each were separated there from and sealed with seal, producing the impression of letter 'H' of English alphabet. Remaining bulk was also sealed in the same bag with the same seal. Sample of seal was taken on a piece of cloth Ext. PC. NCB forms in triplicate were filled-in by the Police. The facsimile of seal was also affixed thereon. Seal after its use was handed over to HHC Dina Nath. The case property was taken into possession vide seizure memo Ext. PF.