Present appeal is filed against the judgment and sentence passed by learned Special Judge Kullu HP in Session Trial No. 28 of 2010 titled State of HP Vs. Sumit Kumar and another decided on 23.11.2011.

BRIEF FACTS OF THE PROSECUTION CASE:

2. Brief facts of the case as alleged by prosecution are that on dated 4.4.2010 at 3.45 PM at a place named Jachhni District Kullu accused persons namely Sumit Kumar and Chaman Lal hatched conspiracy and were found in exclusive and conscious possession of 5.500 Kg charas. It is alleged by prosecution that co-accused Sumit Kumar who was in possession of bag was caught and other co-accused Chaman Lal could not be nabbed. It is alleged by prosecution that place of incident was secluded place and investigating officer associated ASI Naresh Chand and ASI Hari Singh as witnesses. It is further alleged by prosecution that investigating officer had suspicion regarding possession of some contraband and investigating officer apprised co-accused Sumit Kumar about his legal right to be searched either before magistrate or gazetted officer. It is fu