AJAY THAPA Vs. STATE OF H P

JUDGEMENT

(1.) The appellant hereinafter to be referred as "the accused" was convicted under Section 20(b)(i(B) of the Narcotic Drugs and Psychotropic Substances Act, in short 'the Act', and sentenced by the learned trial Court to undergo rigorous imprisonment for a period of five year and to pay a fine of '50,000/- and in default of payment of fine to further undergo imprisonment for one year, for allegedly keeping in his possession Charas 32.05% weight-in-weight in the recovered stuff of 1.200 Kg., hence the present appeal by him.

(2.) In short the prosecution story can be stated thus. On 2.12.2008, Police party headed by PW10 ASI Whether reporters of the Local papers are allowed to see the judgment Naresh Chand was present near the camping site at Raison in District Kullu, for checking the vehicles in connection with bomb blast. Around 9.45 P.M., a Punjab Roadways Bus bearing registration No.PB-35G- 8653 displaying the sign-board 'Jallandhar to Manali' reached there. It was stopped for checking. Police party boarded the Bus. Nobody was allowed to deboard. Shri Harjinder Singh driver was on the steering wheel and PW1 Singara Singh was its conductor. Whiling checking the bus, both of them were associated as independent witnesses. When the police party reached near Seat No.16, they found the accused sitting with a polythene bag to which he tried to conceal between his legs. He looked frightened, therefore, Police became suspicious and asked about his identity.

(3.) After recording the statements of the witnesses and completing the challan, it was presented before the Court for the trial of the appellant. He was accordingly charge-sheeted, faced trial and at the end of trial, he was convicted and sentenced as aforesaid, hence the present appeal.