(Surinder Singh, J.) - The challenge has been made by the appellant, feeling aggrieved by the judgment of the conviction and sentence passed by the learned trial Court under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985; in short ‘the Act’, whereby he has been sentenced to undergo imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/-; for allegedly having in his possession 5.500 kgs. of charas.

2.Precisely, the case of the prosecution has been that on 4th July, 2003, a police party headed by Head Constable Narain Singh was present at Bajora check post, in district Kullu, in connection with the traffic checking. Around 6.45 p.m., HRTC bus bearing registration No. HP-34-A-1297 came from Manali. It was bound for Delhi. It was stopped. Prem Singh (PW4) was the driver and another Prem Singh (PW3) was its conductor. The police started the checking of the passengers of the bus from the front seat. In the process of such checking, Head Constable Narain Singh noticed the convict-appellant sitting on seat No. 14 with a bag on his lap. He checked his bag and found a yellow coloured envelope wrapped in a towel containing eight packets of charas. The charas was in the shape of chocolates and Golinuma (balls). The Head Constable demanded the bus tickets. The convict-appellant pointed out towards his co-passenger, Dot Ram sitting besides him on seat No. 13, who produced two tickets valuing Rs. 600/-. Both of them were alighted from the bus and were taken to a tent nearby along with the witnesses i.e. the driver Prem Singh (PW4) and conductor Prem Singh (PW3). The charas was found 5.500 kgs. on its weighment. Out of the recovered quantity, two samples of 25 grams each were separated and separately sealed with seal impression ‘T’. The remaining bulk was also sealed with the same seal. The towel and bus tickets were sealed in a separate packet. The sample of seal was taken separately on a piece of cloth. The NCB form Ex.PW6/D was also filed in. The charas was taken into possession vide memo Ex.PW1/B and the towel as well as the bus tickets were taken into possession vide memo Ex.PW1/C in the presence of the driver and conductor above named. The police prepared the site plan Ex.PW1/G. A ruqqa Ex.PW1/F was sent through constable Ramesh Chand (PW2)( for the registration of the case in Police Station Kullu, on the basis of which FIR Ex.PW8/A was formally registered. The appellant as well as his co-accused, both were arrested. They were informed about the grounds of their arrest. The accused and the case property were produced before the SHO (PW8), Police Station, Kullu. The resealed the case property with seal impression ‘H’. Thereafter, it was deposited with MHC Dharam Chand (PW6). Its entry was made in the Malkhana register, on 6.7.2003. One sample of charas was sent vide RC Ex.PW6/B alongwith the police-docket to CTL Kandaghat, for examination through Constable Partap Singh (PW7). As per the report Ex.PA, the said sample was found to be that of charas.

3.After recording statements of the witnesses, the case was presented in the court for the trial of the appellant under Section 20 and against Dot Ram, co-accused, under Section 29 of the Act.

4.All the end of the trial, Dot Ram, co-accused was acquitted of the charge framed against him and the appellant Nathu Ram was convicted and sentenced as aforesaid, which has been assailed in the instant appeal.

5.We have heard the learned Counsel for the parties.

6.Shri Rajiv Jiwan, learned Counsel for the appellant has submitted that the driver and conductor of the bus in question have not supported the case of the prosecution and there are material contradictions in the statements of the official witnesses which render the prosecution case highly doubtful against the appellant. It is also argued that there were eight packets of the alleged offensive matter. Each packet was not separately weighed nor is it made clear