SATBIR SINGH Vs. STATE OF HIMACHAL PREDESH

JUDGEMENT

(1.) The appellant was convicted by the learned trial Court for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short the Act , in Sessions Case No. 11 of 2004 (Sessions Trial No. 12 of 2004), decided on 7.2.2005, for allegedly keeping in his possession 12 kilograms of Poppy Husk and sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of ' 25,000/- with default clause. Hence, the challenge in the present appeal.

(2.) Heard and gone through the record.

(3.) In short, the prosecution case can be stated thus. On 6.6.2003, PW-13 Head Constable Ram Pal was present at check post, Mehatpur (Una). Around 3.25 a.m., the bus bearing registration No. HP-36-5813, enroute from Faridabad to Jassur, reached near the aforesaid check post. It was stopped. PW-13 aforesaid alongwith other police officials, namely, PW-12 Head Constable Ram Pal, PW-2 Constable Jaswant Singh and PW-6 Govind Ram started carrying out the search of the passengers of the said bus. PW-1 Sanjiv Kumar, conductor of the bus and PW-3 Prem Chand were included as independent witnesses during the 3 checking. The police party came across the appellant and his companion Rakesh Kumar, who were sitting holding bags in their laps. The bags were searched and the police recovered 12 kg of Poppy Husk from the appellant and similar substance weighing 14 kg from the co-accused Rakesh Kumar. Two samples of 100 grams from each recovery were separated. All the samples were sealed separately with the seal impression H . The remaining recovered stuff was also sealed with the same seal.