MANJEET KAUR Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT Manjeet Kaur was convicted for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, in short 'the Act ', for allegedly keeping in her possession 730 grams of "Charas" in the recovered stuff of 2.700 Kilograms, while travelling in her Car (Indica) bearing registration No. PB -13 -R -1880, being driven by co -accused Rajinder Singh and sentenced to undergo Rigorous Imprisonment for a period of three years and to pay a fine of Rs.10,000/ - with default clause, hence the present appeal by the convict.

(2.) THE prosecution case in nut -shell can be stated thus. On 20th January, 2007, PW9 HC Anand Kishore was heading a Police party consisting of HC Shyam Lal, PW4 HC Chaman Lal and PW7 Lady Constable Suman. They left the Police Station in the Government vehicle being driven by HC Shyam Lal in connection with patrolling duty and to detect the excise cases. When they reached at the place known as "5 Mile" on NH -21, around 3 P.M., PW9 HC Anand Kishore received a secret information that a black Car bearing registration No. PB -13 -R -1880 was coming from the side of Pandoh, which was being driven by a male person and a lady sitting besides him were in possession of Charas. PW9 aforesaid included PW1 Rajinder Kumar as an independent witness. He took the above information into writing Ext.PW2/D and sent it to the Dy. Superintendent of Police, Headquarters, for information, through PW4 HC Chaman Lal. In the meantime, the vehicle in question reached there where the 'Naqa" was put by the police. It was stopped.

(3.) AGAINST the charge, Rajinder Singh filed a Revision Petition in the High Court and the order of charge -sheeting him under Section 20 of the Act was quashed and set -aside and his case was remanded back to the learned trial Court to re -examine the matter whether there is material on record to frame the charge against him under Section 29 of the Act for conspiracy.