Cr. M.P(M) No.310 of 2008 4.4.2008 Present: Mr. P.M. Negi, Dy. Advocate General for the petitioner-State. Heard and gone through the judgment of the trial Court. Respondent was challaned for offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, for allegedly conspiring with one Tahir Hussain, Proclaimed Offender, to smuggle charas. Facts, as per judgment of the trial Court, are that the respondent alongwith proclaimed offender named above was going on a scooter from Barmana side towards Mandi when the police intercepted them. Scooter was being driven by Proclaimed Offender Tahir Hussain. It belonged to a Mama of Tahir Hussain, Proclaimed Offender. The Mama (maternal uncle) of said Tahir Hussain was examined as PW-10. His name is Mohammad Shakil. He stated that he had given his scooter to Proclaimed Offender Tahir Hussain. When the scooter was intercepted by the police, Tahir Hussain ran away. However, the present respondent remained on the spot. Search was conducted. Nothing was recovered on the personal search of the respondent, but 750 grams of charas was recovered on search of the dickey of the scooter. Trial Court has observed that the fact that Tahir Hussain, Proclaimed Offender, ran away from the spot, as soon as the scooter was spotted, suggests that it was he who had the knowledge that charas was there in the dickey of the scooter and, therefore, presumption is that the charas was possessed by him. Trial Court has also observed that the conduct of the present respondent in staying back on the spot suggests his innocence. We see no reason to disagree with the aforesaid observation of Cr. M.P(M) No.310 of 2008 the trial Court. There is no other evidence, except the fact that the respondent was riding the pillion of the scooter, indicating that he had abetted the commission of the crime or he was a conspirator. Therefore, the application for leave to appeal is dismissed. (Surjit Singh), J. April 4, 2008(ss) (Surinder Singh), J.