SUNIL KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The Appellant, Sunil Kumar, hereinafter referred to as the accused, upon having been tried for the offence under Section 20, Narcotic Drugs and Psychotropic Substances Act, 1985, (for short: the Act) by the learned Sessions Judge, Chamba, stands convicted of such offence vide judgment dated 28.11.2001 and vide order dated 29.11.2001, he has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of rupees one lac. In default of payment of fine, he has been sentenced to undergo simple imprisonment for a further period of one year.

(2.) By virtue of the present appeal preferred through jail, the accused has assailed the conviction and sentence as imposed upon him by the learned Sessions Judge.

(3.) Briefly the facts of the present case may be thus stated. On 9.12.2000 at about 1.15 p.m., ASI Joga Singh (PW-13), the then in-charge of Police Post Banikhet, along with Head Constable Pritam Singh and constable Mazid Mohammad and Des Raj under the supervision of Deputy Superintendent of Police, Dalhousie was carrying out traffic checking at Dhundiara Bungalow. At such time bus bearing No. HP-36-3933 belonging to Messrs. Kamal Bus Service which was coming from Chamba was stopped for checking. During the course of checking of the passengers and luggage, constable Mazid Mohammad observed that the passenger occupying seat No. 20 was concealing something under his clothes. Such passenger was brought out of the bus. He was made to open his pant. On the opening of the pant, one polythene envelope was found tied under the belly with the help of a "Parna" (piece of cloth). When the polythene envelope was opened it was found to contain 2.300 kgs. of "Charas". The said passenger disclosed his name as Sunil Kumar son of Darshan, the accused. Two samples weighing ten grams each were separated from the "Charas" recovered. The two samples and the remaining bulk of "Charas" recovered were separately sealed with the seal "T" and taken into possession by PW-13 ASI Joga Singh. The accused, after disclosing the grounds of arrest, was arrested. "Rukka" was sent to the Police Station for registration of the case. The case property was produced by PW-13 ASI Joga Singh before officiating Station House Officer PW-8 ASI Joginder Singh who resealed the same with the seal mark "A". Special report under Section 57 of the Act was sent to the Superintendent of Police, Chamba, on the following day, that is, on 10.12.2000. One sealed packet containing the sample was sent for analysis, which on examination was found to be that of "Charas". On completion of investigation, the accused was sent up for trial.