SHRIKI RAVIT Vs. STATE OF H.P.

JUDGEMENT

(1.) The abovenoted two appeals arising out of the judgment dated 17.1.2002 of the learned Sessions Judge, Kullu, in Sessions Trial No. 82/2001, are being disposed of by this single judgment. The two appellants, hereinafter referred to as the accused, are Israeli nationals. They have been convicted for the offence under Section .20 of the Narcotic Drugs and Psycho tropic Substances Act, 1985 (for short: the NDPS Act) and upon such conviction each of them has been sentenced to rigorous imprisonment for ten years and to pay a fine of Rupees one lac. In default of payment of fine each of the two accused has been sentenced to imprisonment for a further period of six months.

(2.) Briefly, the prosecution story may be thus stated. Sub Inspector Chuni Lal (PW -13) Incharge Police Post, Bhuntar on 12.6.2001 at about 4 a.m. was present in the area of Hathithan along with Head Constables Om Prakash and Moti Ram, as per the directions of the superior officers, in connection with "Naka -bandi". At about 4.30 a.m. Tata Sumo vehicle bearing registration No. DL -8CF -3158 came from Manikaran side. The said vehicle was signalled to stop. PW -1 Rajeev Saini was found driving the said vehicle, who on demand produced the documents of the vehicle. Such documents on checking were found to be in order. Two foreign girls were found sitting on the back seat of the vehicle, who had kept their belongings, including a haversack, on the seat as well as on the floor of the vehicle. Both these girls on seeing the police became perplexed and immediately came out of the vehicle. On becoming suspicious that the two girls may be possessing some contraband, PW -13 demanded their passports. They were found to be possessing valid passports and visa. On the basis of suspicion, the luggage of the two girls was checked. During the course of such checking "Charas" in the form of 20" long, 4" wide and one inch thick slab was found stitched and sewn under the belt of the haversack. Such "Charas" on weighment was found to be 2500 grams. Two samples weighing 25 grams each were taken out. The two samples were than sealed in two separate packets with three seals each of the seal "H". The remaining quantity of "charas" weighing 2450 grams was put back in the haversack and then sealed in a packet with five seals of seal "H" and taken into possession vide memo Ex. PW1/ A. The seal used in sealing the packets was handed over to PW -1 Rajeev Saini. The two girls, namely, the two accused, were informed about the grounds of their arrest and thereafter they were arrested.

(3.) On the basis of the report Ex. PW 13/B, made by PW -13, a case for the offence under Section 20, NDPS Act came to be registered at Police Station, Kullu vide FIR No. 296 of 2001 (Ex. PW5/A).