P.S. Rana, J.

Present appeal filed against the judgment and sentence passed by learned Sessions Judge Kinnaur Sessions Division at Rampur Bushehr HP in Sessions Trial No. 03 of 2007 titled State Vs. Jitender Kumar and another decided on dated 10.11.2008.

BRIEF FACTS OF THE PROSECUTION CASE:

2. Brief facts of the case as alleged by prosecution are that on dated 19.10.2006 at 7 AM at Sainj accused were found in exclusive and conscious possession of 5 Kg. 850 grams of charas at Sainj District Kinnaur H.P. It is alleged by prosecution that accused persons when saw the police officials got nervous. It is alleged by prosecution that co-accused Jitender was in possession of bag which was kept by him upon his shoulder. It is further alleged that police got suspicion and inquired about whereabouts of accused persons. It is further alleged that police called Kuldeep Singh a restaurant owner and Satpal to the spot and prepared consent memo Ext.PW6/A. It is further alleged by prosecution that bag was searched and in bag four polythene packets were recovered containing charas in the shape of sticks and balls. It is further alleged that recovered charas was weighed and it was found 5.800 Kg