ASHOK KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) BOTH these appeals one against the conviction and sentence another confiscation of qualis vehicle, are arising out of the same judgment hence taken up together for its just decision.

(2.) IN criminal appeal No. 25/2009 Appellant Ashok Kumar has challenged the judgment of his conviction passed in Sessions trial No. 23/2007 decided on 17.6.2008, by the learned Special Judge under Section 20 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short 'the Act', for allegedly transporting in qualis vehicle 2.600 grams of char as having resin contents of 37.49% along with convict Sandeep Kumar and sentenced to undergo imprisonment for a period of 9 years and to pay a fine of Rs. 90,000/ - each and in default of payment of fine, to further undergo simple imprisonment for a period of one year. The period of pre -detention and during trial undergone by him was ordered to be set -off as per Section 428 of the Code of Criminal Procedure which has been challenged in appeal only by Ashok Kumar, whereas co -convict aforesaid is undergoing his sentence.

(3.) IN short, prosecution case can be stated thus. On 26.1.2007, Inspector Manohar Lal was heading a Police patrolling party consisting of Sub Inspector Sohan Singh, H.C. Shyam Lal, H.C. Jagdish Chand and Constable Amar Singh were in official Maruti Van No. HP -34 -A -0049 being driven by constable Megh Singh in the area of Chila -aage (Chiladhar) near Manikaran Kenchi Mour. At about 5.30 a.m., they noticed a qualis vehicle coming from the opposite side. It was stopped for checking. Ashok Kumar Appellant was sitting on the driving wheel. Inspector Manohar Lal asked about his identity and driving licence, simultaneously also asked Sandeep Kumar sitting besides him and checked the vehicle. While doing so police noticed a white polythene envelope between the legs of co -accused Sandeep Kumar. It aroused suspicion. Since it was a secluded place and no independent witness was available in the wee hours of the morning, Inspector Manohar Lal associated S.I. Sohan Singh and H.C. Shyam Lal as search witnesses. Polythene envelope was opened and checked. It contained charas in the shape of chapaties balls and sticks which, on weight came out to be 2.600 grams.