Decided on November 10,2020

Sharif Mohammad Appellant
STATE OF H. P. Respondents


Sureshwar Thakur,J. - (1.)The extant appeal becomes directed by the aggrieved convict/appellant, against, the verdict made on 28.06.2016, by the learned Special Judge-II, Chamba, District Chamba, H.P., vis-a-vis, a charge drawn under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafterafter referred as ND & PS Act). In consequence therewith sentence of imprisonment, extending upto a term of 10 years, and, also a fine of Rs. One lakh, became imposed upon, the, convict, and, in default of payment of fine amount, he became sentenced to undergo imprisonment extending upto one year.
(2.)Obviously, convict Sharif Mohammad, becomes aggrieved, from the afore made verdict, of,conviction, upon, him, vis-a-vis, the afore charges, and, also obviously becomes aggrieved, from the afore order, imposing, upon, him, the afore alluded sentences, of, imprisonment, and, of fine, and, hence becomes constrained to, thereagainst, constitute the extant appeal, before this Court.
(3.)At the site of occurrence, embodied, in, site plan, borne in Ex.PW11/C, seizure memo, borne in Ex.PW9/A, became prepared by the Investigating Officer concerned. A perusal whereof, unravels qua 8 kilograms of charas, becoming recovered from, inside a bag, slung on the shoulder of the accused. The afore memo(s) carries thereons, the, signatures of the accused. Prior to the drawing(s) of the afore memo(s), the Investigating Officer concerned, elicited through a memo, encapsulated in Ex.PW10/A, the consent of accused, for his personal search, being made, by the Investigating Officer concerned or by the statutory authorities, enumerated in Section 50, of, the ND & PS Act, and, the accused, through his making singnatures thereon, hence conveyed his willingness, for, his personal search, being made by the Investigating Officer concerned, hence, at the site of occurrence, as, becomes encapsulated in site plan, borne in Ex.PW11/C. A Rukka, borne in Ex.PW11/B, became transmitted through C. Naresh Kumar, PW-8, to the SHO concerned of the police station concerned, and, after FIR, embodied in Ex.PW6/B, becoming registered thereat, the afore PW-8, returned, to, the site of occurrence.

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