INDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment rendered on 8th July, 2010, by the learned Special Judge, Mandi, Camp at Karsog, H.P., in Sessions Trial No.1 of 2009, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.1,00,000/- for the commission of offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') and in default of payment of fine, he is to suffer simple imprisonment for one year. Further, he has been sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.10,000/- for the commission of offence under Section 18 of the NDPS Act and in default of payment of fine, he is to suffer simple imprisonment for six months. Both the sentences are to run concurrently.

(2.) The incident, which led to the lodging of the F.I.R. against the appellant-accused, records the factum of a police patrolling party while having proceeded on 28th June, 2009 from Police Station, Karsog on patrol duty in a Government vehicle driven by Constable Jatinder Kumar on 28th June, 2009, arrived at Chatri Road 2 Kilometers from Kelodhar. On the aforesaid date and time, the patrol party noticed one person coming from Khandar Gali side carrying one black coloured bag on his shoulder. The said person, got perplexed on seeing the police vehicle, retraced his steps to flee from the spot. Though he was directed to stop, yet when he omitted to obey the command of the police, he was chased and on being chased he was apprehended by the police. On having come to be apprehended, he disclosed his name to be Inder Kumar, son of Kanshi Ram, resident of Bhadon, Tehsil Karsog. Bag, carried on his shoulder bore inscription 'Reebok', and on it being opened and inspected, it was found to contain two polythene envelopes. The Investigating Officer proceeded to open the bigger of the two envelopes, white in colour and on its opening, it was found to be containing black coloured substance in the shape of sticks and on smelling it was detected to be the 'Charas'. The second or the other envelope was, too, opened and on its opening it was also found to contain a black coloured substance and on tasting, it was opined to be 'opium'.

(3.) The recovered 'Charas' was weighed and was found to be 3 Kg and 750 grams. After weighment, the recovered 'Charas' was repacked in the same envelope and the envelope containing 'Charas' was then re-packed in the same bag and was sealed in separate parcel with 14 seals of 'T' having come to be affixed on the bulk parcel. The parcel, containing the seized/recovered contraband, is Ext.P-1.