MAJEED Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Challenging the judgment of conviction dated 30. 12. 2016, passed in NDPS Act Sessions Trial Filing No. 3245/2013 (Computer Regd. NDPS No. 71/2013), titled as State of Himachal Pradesh vs. Majeed , whereby learned Special Judge-II, Chamba, District Chamba, H. P. , has convicted the appellant-accused for possessing 650 grams of Charas, under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (after Whether reporters of Local Papers may be allowed to see the judgment? now called as 'the NDPS Act '), the convict has come up before this Court by filing this appeal.

(2.) The gist of facts apposite to adjudicate, and to arrive at a just conclusion, traces its origin to G. D. Entry No. 59-A dated 12. 11. 2013, recorded at 11:10 p. m. , in the Police Station, Sadar Chamba, District Chamba (Ex. PW7/R), wherein SHO Tilak Raj (PW- 5) noted that he had deputed a police party comprising of H. C. Pawan Kumar (PW-7), HHC Maan Singh (PW-3), HHC Gurmail Singh (not examined), C. Vinod Kumar (PW-2), Home Guard Amit Kumar (not examined), HHC Desh Raj (not examined), alongwith IO Kit, search light, arms and etc. to erect check posts at places known as Pukhri, Koti and Kandala etc.

(3.) On reaching Kotipul, the police party erected a check post near Shiv Mandir adjacent to a bridge on Chamera river. At around 3:40 a. m. , on 13. 11. 2013, the police party noticed one person walking on the bridge and coming towards Chamba. The moment this person noticed the presence of police party, he became perplexed, turned back and started to run away. This arose suspension in the mind of HC Pawan Kumar (PW-7). The police party apprehended the said person just a few steps away. On inquiry, the person revealed his name as Majeed, resident of Chamba, aged about 23 years, the appellant herein.