RAVINDER KUMAR Vs. STATE OF H.P

JUDGEMENT

(1.) The appellant/accused has filed the instant appeal against the judgment, dtd. 25/6/2019 passed by the learned Special Judge, Ghumarwin, District Bilaspur, H.P. in Sessions Trial No. 2-3/2016, whereby he has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.10,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for a period of 1 year under Sec. 15 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985( in short, "NDPS Act") and to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for a period of 1 year under Sec. 21 of the NDPS Act.

(2.) The prosecution story, in brief, is that on 16/10/2015, police party, headed by PW8 SI Karam Singh and accompanied by PW1 Constable Ram Prakash and Constable Chaman Lal No. 420, departed from the police station, in official vehicle bearing registration No. HP69A-0130, driven by Constable Rakesh No. 343. At about 4:00 P.M., when the police party was at a place known as "Jabbal" on National Highway, it noticed one person coming from jungle side towards the road, carrying two gunny bags on his shoulder. On seeing the police vehicle, said person turned back and tried to run towards side of jungle. On suspicion, police party stopped the vehicle and chased the person towards jungle side. When he was nabbed, he disclosed his name to be Ravinder Kumar, son of Gurcharan Singh, resident of village Randhala, District Solan, H.P.

(3.) Thereafter, the bags, were checked in the presence of independent witness PW2 Prakash Chand and other official witnesses. In one of the gunny bags, 11 transparent polythene envelopes of poppy straw of same size were found and in second gunny bag, 6 transparent polythene envelopes of poppy straw and 2 polythene envelopes white and yellow coloured were found.