STATE OF HP Vs. PARGAT SINGH

JUDGEMENT

(1.) In reference to order dated 12.8.2010, the accused/respondent Baljeet Kumar has been brought before us in police custody by Police Officials, namely, Head Constable Kusha Dutt, No. 16 and LHC Gurpreet Singh No. 404 and it has also been brought to the notice of this Court that other accused/respondent, namely, Pargat Singh has died during the pendency of Criminal Appeal, as such Criminal Appeal in respect of accused/respondent Pargat Singh stand abated. Therefore, the present Criminal Appeal is to be adjudicated only with respect to accused/respondent, Baljeet Kumar.

(2.) The present Criminal Appeal has come up for adjudication after the grant of leave to appeal has been granted under Section 378 (3) of the Code of criminal Procedure in reference to the judgment dated 25.6.1999 passed by the Learned Sessions Judge, Una, H.P. in case No. 12/99 under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short called as the NDPS Act) acquitting the alleged accused/respondent.

(3.) The prosecution case, in brief, is that on 12.11.1998, an information was received that some persons were carrying contraband goods, therefore, Sh. Shakti Chand Patial, Excise & Taxation Officer, started checking vehicles at 1.30 in the night at Behdala and checked HRTC bus No. HP-20-0697, coming from Delhi and going to Baijnath and three bags were found near the first window and the two persons sitting nearby were interrogated, who disclosed their names as Pargat Singh and Baljit Kumar. Both of them tried to run away from the bus and on suspicion, they were apprehended. At that time Sh. Satish Walia, ASI, who was present in connection with patrolling with constable Vinod Kumar and Sukhvinder Singh, were also associated and accused persons were asked whether they agree to be searched by police officials present on the spot, or by a gazetted officer or a Magistrate and on the consent of the accused, he was searched by ASI. Personal search as well search of the bags were conducted and 52 Kgs. 100 gms. Poppy husk was recovered from accused Pargat Singh and 11 K.G. poppy husk was recovered from accused Baljeet. After recovery of poppy husk, samples were taken out and samples and remaining case property was sealed separately and the same was produced before the SHO, who resealed the same. The samples were sent to chemical examiner and on chemical examination the contents of the samples were found to be of poppy husk. On investigation, both the accused were charged for the offence punishable under Section 15 of the NDPS Act.