ROHTASH 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 a brief, was that on 8/4/2015, Dy. S.P. Sahil Arora, Probationer/SHO, Police Station, Kandaghat, along with ASI Jaswant Singh, HHC Mohan Dutt, Constable Satish Kumar, HHG Roshan Lal, HHG Manohar Lal and HHG Mahender Singh, proceeded in a government vehicle towards Chail Chowk in connection with 'Nakabandi' duty. Then, at about 9.30 p.m., a bus bearing registration No. HR55U- 0754 of Haryana Roadways enroute Shimla to Gurgaon was intercepted. A person was sitting on seat Nos. 35-36 all-alone and has kept a 'pithoo bag' (black-grey in colour) on seat No. 36 and when this bag was opened, then two brown colour carry bags were found and inside it, a blue colour carry bag containing black colour substance in the form of sticks was recovered and after smell and taste and on the basis of experience, it was found cannabis. The person who was sitting on seat No. 35 disclosed his name as Rohtash and claimed the ownership of this bag to be his own. He was having his left arm amputated from the wrist.

(3.) It was further case of the prosecution that a digital weighing scale was brought from the shop of Amba Prashad and Sons, Kandaghat by Constable Satish Kumar and after weighment, the substance was found to be 1 kg. 530 grams and without packet, the weight of the cannabis was found to be 1.470 kgs. After weighment, the cannabis was put in the same packet, sealed in a 'pullinda' with five seal impressions of seal 'P'. Sample of seal was drawn on a piece of cloth and NCB forms in triplicate were filled and impression of seal was also embossed on it. Seal after its use was handed over to the driver Haneef. In the seizure memo, witnesses Dharam Veer, Haneef, Pankaj and accused also put their signatures and a copy of seizure memo was given to the accused free of cost. Thereafter, 'pullinda' was put in the same 'pithoo bag'. Ruqa along with NCB forms and case property was sent through constable Satish Kumar to the police station.