MANOJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant has filed the appeal challenging the judgment/ order dtd. 20/9/2018, passed by the Special Judge, Chamba whereby he has been convicted and sentenced as under:

(2.) Prosecution story in brief is that the police party headed by Head Constable Varinder Singh on 17/12/2015 were on patrol duty towards Koti, Kandla, Gunnu Nullah, Badoh. Police party had laid a Naka about one kilometer above Gunnu Nullah near Kainthli. At about 5.30 p.m., two persons came from Kainthli side towards Gunnu nullah . One of the said persons was carrying a pithu bag on his right shoulder and other was empty handed. On seeing the police party, both the persons turned back and started walking. The said persons were apprehended on the basis of suspicion. Person carrying the bag, on inquiry disclosed his name as Manoj Kumar (appellant). The other person disclosed his name as Inder Singh son of Shri Gian Chand. On the bag carried by the appellant, letters 'HIFITM' were written. When the pithu bag was checked, it was found that it contained black substance in a carry bag in the shape of sticks, balls and bundles. The said substance was found to be charas/cannabis. On weighment, the contraband weighed 1.254 Kgs. The recovered contraband was then put in the same carry bag and was made into a sealed cloth parcel with seal bearing impression 'T'. NCB form was prepared at the spot and seal after use was handed over to Constable Yog Raj.

(3.) Ruqua was sent to the Police Station through Constable Sanjay Kumar for registration of the FIR. Appellant and his co'accused were arrested.