ANIL KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD learned Counsel for the convict / appellant and learned Deputy Advocate General for the respondent / State.

(2.) THE present Criminal Appeal has come up for adjudication under Section 36B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'), in reference to judgment dated 17.8.2005, passed by the Learned Sessions Judge, Mandi, H.P., in Sessions Trial No. 13 of 2004, under Section 20 of the 'NDPS Act', convicting the alleged appellant / convict. The prosecution story is that on 2.12.2003, ASI Madan Lal (PW.8) alongwith H.C. Ramesh Kumar, HHC Bhuri Singh, LHC Vijay Kumar and H.C. Chandermani etc. were on patrol duty, in connection with traffic checking at Hanogi bazaar on National Highway No. 21. At about 10 A.M., bus No. 39 -6575, New Prem Bus Service, came from Manali side which was on way to Dharamshala, was stopped by the police for routine checkup. Some police officials entered from the front door and the remaining from the rear door and started checking the luggage etc. of the passengers. Sh. Mohan Lal (PW.8) when reached at seat No. 34, convict / appellant Anil Kumar was sitting with a bag within his legs and Chaman Lal (PW.1) was also sitting on seat No. 31. ASI Madan Lal (PW.8) checked the bag Ex.P4 being carried by the convict / appellant and during the course of search, three polythene bags were recovered from the said bag, thereafter, the convict / appellant alongwith the bag was brought out of the bus. The bag contained 3 packets of which two were white in colour, whereas, one was having pink colour, containing charas in the shape of sticks. Madan Lal (PW.8) sent H.C. Chandermani (PW.2) to bring scale and weights, who brought the same from the shop of Mani Ram (PW.4). The charas was weighed in the presence of the witnesses and the conductor, and was found to be 4 Kgs. Thereafter, the police separated two samples of 25 grams each which were put in two separate parcels, sealed with seal 'T' and the remaining charas was again put in the bag and the bag was sealed in a cloth packet with seal 'T'. The parcels of the sample seal and the bulk charas were taken into possession vide memo Ex.PA and Ex.PA/1. Sh. Madan Lal (PW.8) also filled in NCB form Ex.PN on the spot and the samples of seal 'T' were also taken on the said form.

(3.) IN order to prove its case, the prosecution has examined as many as nine prosecution witnesses. Whereas, the convict / appellant through his statement under Section 313 of Cr.P.C., has denied the prosecution case.