DHARAM PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 8.9.2005, passed by the learned Addl. Sessions Judge, Fast Track Court, Chamba, H.P. in Sessions Trial No. 66/04/04, titled as State of Himachal Pradesh vs. Dharam Pal, whereby the accused -appellant has been convicted for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for a period of three years and pay a fine of Rs. 30,000/ -, the accused has filed the present appeal under the provisions of Section 374 of the Code of Criminal Procedure, 1973. The prosecution case, in brief, is that on 12.2.2004, at about 2.35 p.m. at place near Balupul Chowk, the police party apprehended the accused and recovered 500 grams of charas from his possession. Two samples of 25 grams each were taken out from the recovered charas and sealed with seal impression -T. The remaining bulk was also sealed with the same seal. On 15.2.2004 one sealed sample along with the NCB form and specimen seal were sent for chemical examination which were deposited at CTL Kandaghat on 16.2.2004. As per the Chemical Examiner's report (Ext. PW 12/B) the contraband stuff was opined to be charas. With the completion of investigation, challan was presented in the Court for trial.

(2.) ACCUSED was charged for having committed an offence punishable under the provisions of Section 20 of the Act, to which he did not plead guilty and claimed trial.

(3.) AFTER trial, the accused stands convicted of the charged offence, inter alia, on the ground that the prosecution was able to establish its case that the accused was carrying contraband substance i.e. charas which was 500 grams, and sentenced, as aforesaid.