VIJENDER Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellants have been convicted vide judgment dtd. 17/7/2017 for offence under Sec. 20 of the Narcotics Drugs and Psychotropic Substances Act,1985 (for short, "NDPS Act") by learned Special Judge III, Solan in Sessions Trial No. 20ASJ-II/7 of 2015 and have been sentences to undergo rigorous imprisonment for 10 years with payment of fine of Rs.1,00,000.00 each.

(2.) The appellants were charged for having been found in conscious possession of 1.954 Kgs. of cannabis/charas while travelling in a Himachal Roadways bus No. HP-03B-6176 on 29/1/2015 (for short, "Bus").

(3.) As per prosecution, SI Rupesh Kant (for short 'IO') Police Station, Parwanoo, District Solan, H.P.(PW-13), on 29/1/2015 at about 8.10 AM received a secret telephonic information to the effect that two persons sitting on seat Nos. 25 and 26 of the bus en-route from Shimla to Delhi were carrying charas in a bag which they had kept between their seats. The IO recorded the information vide Ext.PW-2/A and sent the same through PW-3 HHC Ram Lok to Sub Divisional Police Officer, Parwanoo. The I.O along-with HC Praveen, HC Achhar Singh and C. Balwant Singh proceeded towards the Timber Trail Resort (TTR) in Government vehicle driven by HHC Raj Pal and reached there at about 8.45 AM. Bus reached the spot at about 8.55 AM and was stopped at the instance of police party. Two persons,conforming to the identity provided in secret information, were found occupying seat Nos. 25 and 26 of the bus. Police party associated the conductor and driver of the bus namely Ami Chand and Braham Dass respectively (PW-1 and PW-7)as independent witnesses. Police personnel offered their personal search and memo Ext. PW-5/A was prepared. Thereafter the appellants were made aware about their right to be searched in presence of a Magistrate or a Gazetted Officer vide memos Ext. PW- 1/B and PW-1/C. Appellants opted to be searched by the I.O. On personal search of the appellants nothing incriminating was found, however, a bag was found placed and shared on the laps of the appellants. On search of such bag, charas in the shape of sticks weighing 1.954 Kgs. was recovered and recovery memo Ext. PW-1/H was prepared. The recovered contraband was seized and sealed with seal impression "A" and the memo Ext. PW- 1/G was prepared. Facsimile of seal impression "A" was separately preserved on a piece of cloth. NCB form Ext PW- 11/C was prepared and filled in triplicate. "Rukka" Ext. PW-13/B was prepared and sent to Police Station, Parwanoo through C. Balwant Singh (PW-5). FIR No. 14/15 Ext. PW-4/A was registered. SHO Police Station, Parwanoo, Inspector Meenakshi (PW-11) resealed the contraband with seal 'R'. Facsimile of seal impression was preserved. Resealing certificate Ext. PW-11/B was prepared. Contraband was deposited in safe custody of "Malkhana". The case file after registration of FIR was sent back to the spot through Constable Balwant. Appellants were formally arrested at about 3.30 PM vide arrest memos Ext. PW-13/F and PW-13/G and the information about their arrest was telephonically given to their friend on their asking. Photographs Ext. PW-13/A-1 to A-6 were clicked at the time of recovery of contraband. On 30/1/2015, the I.O prepared special report Ext. PW-2/C under Sec. 57 of the Act and sent the same to SDPO, Parwanoo. On 31/1/2015, the seized contraband along-with relevant documents was sent to SFSL, Junga for chemical analysis. The contraband was opined to be cannabis/charas vide SFSL report Ext. PX. The appellants were accordingly charged for offence under Sec. 20 of the Act and were tried and convicted as above.