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SANJIV KHANNA, J. K. MAHESHWARI
Amar Chand – Appellant
Versus
State of Himachal Pradesh – Respondent
ORDER :
1. Leave granted.
2. The present appeal impugns the judgment dated 16.12.2017, passed by the High Court of Himachal Pradesh in Criminal Appeal No. 3/2017, whereby conviction of the appellant-Amar Chand under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), vide judgment dated 20.10.2016, passed by the Special Judge, District Kullu, Himachal Pradesh in Sessions Trial No. 27 of 2015, has been upheld. The appellant has been sentenced to rigorous imprisonment for a period of 10 years, pay fine of Rs. 1,00,000/- and in default, to undergo simple imprisonment for a period of 1 year.
3. Having heard the learned counsel for the parties, we are inclined to allow the appeal by giving the appellant benefit of doubt.
4. It has come on record that the site plan/spot map, marked Ex.PW-5/D, which was statedly prepared at the spot where recovery was made on 03.05.2015, is wrong and incorrect.
5. Head Constable Hitesh Kumar (PW-4), in his cross-examination, has accepted that in the site plan, the river has been shown on the left-side going towards Manikaran. However, this is incorrect as the river should have been shown on the right-side and the hill-side should
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