RAJESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT has assailed his conviction passed by the learned trial Court under Section 20 of the Narcotic Drugs Psychotropic Substances Act, 1985, in short "the Act", in Sessions Trial No. 6 of 2009, decided on 26th June, 2009 whereby, he was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 20,000/ - and in default of payment of fine to further undergo simple imprisonment for a period of six months. The period of detention undergone was ordered to be set off as per provisions of Section 428 of the Code of Criminal Procedure.

(2.) IN brief, the prosecution story can be stated thus. On 6th November, 2008, PW -3 ASI Krishan Chand was present at Police Check -Post, Bajaura alongwith HC Hari Singh, Constable Sanjeev Kumar, Constable Sanjay Kumar and Constable Kuldeep Kumar, to conduct the traffic checking. They had also put a Nakka there. Around about 10.00 PM, Haryana roadways bus bearing registration No.HR -55E -6213 came from Manali side and was on its way to Delhi. It was stopped for the checking of the passengers and their luggage. The police party entered the bus from the front door. Passengers were made aware of the fact that they alongwith luggage would be checked by them. ASI Krishan Chand aforesaid started checking the passengers from the front side in the presence of bus -conductor Satish Kumar. In the process of checking the passengers the said police Officer reached seat No. 25 over which the appellant was sitting. The appellant was wearing blue coloured Jacket Ext.P2. He was also checked and the police Officer recovered two envelopes from the right pocket of the Jacket and two envelopes tied with cello -tape from the left side pocket of the Jacket. On opening it, ASI Krishan Chand discovered that it contained some black coloured substance, which was in the shape of Chapatis and sticks. The identity of the appellant was asked to which he disclosed. Besides the appellant, the seat was occupied by another passenger PW -2 Damodar Dass. Said Damodar Dass and the bus -conductor aforesaid were associated as witnesses. The recovered stuff was randomly tasted and it was smelling like cannabis mixture. It was weighed. It came out to be 650 grams. ASI Krishan Chand separated two samples of 25 grams from the recovered stuff. These samples were marked as 'A -1 ' and 'A -2 '. The samples were sealed with seal impression "T". The remaining stuff, Ext.P.1, was also sealed with the same seal. Sample of seal was separately taken on a piece of cloth, Ext.PA. The police also took into possession Jacket, Ext.P.2.

(3.) RUKA Ext.PH was sent for the registration of the case to Police Station, Bhuntar through Constable Mast Ram.