LOKINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellants have filed the instant appeal against the judgment, dated 5/6/4/2018 passed by the learned Special Judge, whereby each of the appellants has been convicted and sentenced to undergo rigorous imprisonment for a period of 14 years and to pay a fine of Rs.1,25,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for a period of 2 years under Sec. 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985( in short, "NDPS Act").

(2.) The prosecution case, in a brief, is that a police party of Police Station Kotkhai, headed by ASI Kamal Dev and consisting of HHCs Surat Singh and Mohan Lal, constables Pradeep Kumar and Suresh Kumar, pursuant to daily diary report No.21, dtd. 15/1/2016, proceeded towards Kotkhai for traffic checking. When police party was at Hulli and checking the vehicles, then at about 7.00 P.M., a car bearing No. HP-08A-0439 came from Chailla side, which stopped for checking.

(3.) On seeing the police party, two persons besides the driver occupying the said car got perplexed and on being inquired, failed to produce any document qua vehicle. The driver of car claimed himself to be a police official and tried to take the vehicle ahead. On suspicion, vehicle was checked, wherein a carry bag, on which words 'Sangum Seeds, Pea Seeds" were inscribed, was found kept concealed in between front two seats. ASI Kamal Dev called Mohammad Iqbal and Rajesh Chauhan from nearby shops at Hulli and in their presence, driver of the car disclosed his name to be Dinesh Kumar (Appellant No. 2) posted as a Head Constable (H.C.) at Police Station Chopal, whereas Rajinder Singh (appellant No.3) was found sitting on the front seat and Lokinder Singh (appellant No.1) on the back seat.