RAMESHWAR YADAV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant has been convicted and sentenced by the learned Court below and aggrieved thereby has filed the instant appeal.

(2.) The case of the prosecution, in brief, is that on 23/6/2014, PW-8 ASI Swarup Ram along with PW-2 H.C. Sat Parkash, PW-3 Constable Dharam Dass left Police Post, Katcha Tank for patrolling after entering rapat Ext. PW-7/A. At about 7.00 p.m., when the policy party was present at Bus Stand, Nahan, a bus bearing registration No. HP-18B-2584 came from Saharanpur and stopped near Petrol Pump at Bus Stand. Thereafter, all the passengers, except one, alighted from the said bus. The passenger, who did not alight from the bus was having a bag between his legs.

(3.) On suspicion, the policy party entered into the bus and enquired about the name and address of that passenger, in the presence of driver Pradeep Kumar and conductor Ravi Kant, who disclosed his name and address. Thereafter, the bag of the passenger was checked by the police in the presence of the witnesses and it was found containing nine strips or say 135 Tablets of Netravet- 10 and 70 vials of Rexcof syrup. The accused could not produce any permit/licence for carrying these medicines. The recovered drugs were repacked in the same bag and then put in cloth parcel and sealed with seal impression 'A".