MATHURA Vs. STATE OF H P

JUDGEMENT

(1.) In the present appeal, the conviction and sentence passed by the learned trial Court has been challenged by the convict-appellant, hereinafter referred to as 'the accused' for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act' for allegedly keeping in her possession 380 grams of 'Charas' in the recovered quantity of 1.200 kilograms stuff.

(2.) Briefly, the case of the prosecution can be stated thus. On 28.9.2010, at about 4.30 p.m, PW-11 the then Sub Inspector/SHO Om Prakash alongwith police party consisting of PW-5 Lady Constable Harsh Lata, PW-6 S.I. Om Chand, ASI Rajiv and ASI Lal Chand were on traffic checking. To this effect, departure report was recorded in daily diary Ext. PW-5/A. (ii) Near the gate of Police Station, Manali, the said police party had started traffic checking. Around 5.05 p.m, a bus bearing registration No. DL 1PB 9056 enroute to Delhi, came from Manali Bus Stand. It was stopped. PW-1 Gurpreet Singh was on the steering wheel. PW-2 Basu Dev was the Conductor. All the members of the police party entered inside the bus and started checking passengers alongwith their luggage. In that process, they found the accused occupying seat No. 28. On seeing police, she was got perplexed and disturbed. Her activities aroused suspicion. On this, PW-11 S.I. Om Prakash suspected that she might be having some contraband in her possession. He inquired about her identity. She disclosed her name as Rekha @ Mathura. Thereafter, he asked about the particulars of the driver and conductor of the bus from them. Both of them were included as the witnesses to the search operation. An option was given to the accused in terms of Section 50 of the Act to be searched before the Gazetted Officer or before the Magistrate in writing Ext. PW-6/A in the presence of the driver and the conductor, named above. She opted to be searched by the police party consisting of Lady Constable PW-5 Harsh Lata to whom she rendered herself to the personal search, but no incriminating article was found from her possession. To this effect, memo Ext. PW-5/B was executed.

(3.) After completing the investigation, challan was presented in the Court for trial of the accused. She was accordingly charge-sheeted for the offence aforesaid, to which she pleaded not guilty and claimed trial.