RAGHUBIR SINGH Vs. STATE OF HP

JUDGEMENT

(1.) Appellants, herein, challenged their conviction and sentence passed by the learned trial court in Sessions case No.50 -D/VII/03 decided on 23.4.2004 in the appeal, whereby each of them were sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs. 1,00,000/ - each, with default clause, for allegedly keeping in possession 1 Kg and 735 grams of charas.

(2.) In short, the prosecution story is that during the intervening night of 1/2.2.2002, PW -1 1 ASI Duni Chand was heading the police party consisting of (PW -1) HC Kushal Kumar, (PW -2) HC Surjit Singh, (PW -3) Ram Saran, (PW -4) ASI Om Parkash along with a few home guards. They were on traffic checking and had put a naka at Cantt Chowk, Macdlodganj, Dharamshala. At about 3 AM, a white Maruti van bearing registration No. HP -01 -3189 came to the spot of Naka from the side of Dharamshala. Appellant Raghubir Singh was on the stearing wheel and Raj Kumar, co appellant was occupying the front seat besides the driver. Ajay Kumar and Som Dutt were on the rear seat.

(3.) It was stopped and checked by the police party. During checking, police discovered a bag lying near the gear lever of the van beneath a small seat in between the seat of driver and the front seat of co appellant. On its checking, police recovered 1 KG and 735 grams of charas. It was weighed with the measures and scales brought from the shop of PW -10 Sanjit Kumar, shopkeeper. Three samples of 25 grams each were separated from the recovered stuff and all the three samples were separately sealed with seal impression ˜T and the remaining bulk was also sealed with the same seal. The case property along with vehicle in question were taken into possession vide seizure memo Ex PW -1 /A.