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2009 Supreme(HP) 374

SURINDER SINGH
KRISHAN CHAND – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
For the appellant:Mr. Aman Sood, Advocate. For the respondent:Mr. J.S. Guleria, Asstt. Advocate General.

JUDGMENT

Surinder Singh,J :-The appellant was convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short “the Act” allegedly keeping in his possession 334.5 grams of Charas out of the recovery of 1 Kg. Substance. Accordingly, he was sentenced to undergo Rigorous Imprisonment for a period of three years and to pay a fine of Rs.30,000/-, which has been challenged in this appeal.

2. In brief, the prosecution case can be summed up thus. On 12.7.2007, PW3 SI Ramesh Chand along with HC Yash Pal (PW2), HHC Hem Raj (PW1) and HHC Lal Singh (not examined) were present on patrol duty for the detection of crime in Pulga jungle near the bridge. In the evening, at about 6 p.m., the appellant came from the side of Pulga village holding an envelope in his hand. On noticing the police party present near the bridge, he immediately returned back and started walking fast towards village Pulga and tried to throw away the envelope but the police overpowered and prevented him from doing so. They enquired about his identity to which he disclosed. The said place being a secluded one, no independent witness was available, although an effort was made by HHC Lal Singh. In


























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