MUKESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Both these appeals are being disposed of by a common judgment as they arise out of the common judgment. Cr.Appeal No.493 of 2012 has been preferred by the appellant/accused Mukesh Kumar, against the judgment rendered on 24.11.2012, by the learned Special Court(II) (Additional Sessions Judge), Sirmaur District at Nahan, H.P., in Sessions trial No.8-N/7 of 2012, whereby he has been convicted and sentenced to ten years rigorous imprisonment and to pay a fine of Rs.1,00,000/- for his having committed offence punishable under Section 20(ii)(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein-after referred to as 'NDPS Act'). In default of payment of fine, he has been sentenced to further undergo simple imprisonment for one year. Cr.Appeal No.143 of 2013 has been preferred by the State of H.P. against the recording of findings of acquittal qua accused Lalita Devi in the impugned judgment.

(2.) The prosecution story, in brief, is that on 17.11.2011 at about 4:45 a.m., Head Constable Ranjeet Singh, along with PSI Dinesh Kumar and HHC Jeet Singh, was on VVIP duty at Kala Amb. They were checking the vehicles from security point of view as VVIP had to come. In the meantime, one Volvo bus bearing registration No.UK- 07PA-1235 of Uttrakhand Roadways had entered the Himachal area and in presence of Rakesh, Peon of Excise Tax Barrier and Rohtash employee of the Toll Barrier, bus was checked. At seats No.3 and 4 accused Mukesh and Lalita Devi were found sitting and accused Mukesh had kept one black coloured bag on his lap above the legs and one attachi case by his side. On checking of the bag, the gents clothes i.e. shirt, jacket, underwear and vest were recovered. Beneath it, substance of black round shape sticks, on which cello tape was affixed found. In the attachi case, one pant jacket, shirt etc. were found and in that currency notes of denomination of 100 x 100 (5 bundles) were recovered. In the bag charas like substance was recovered. Accused persons could not produce the licence of the recovered charas and on inquiry, they disclosed their name as such. The scale for weighing the charas was brought from Raj Kumar along with weights of 4 KG, 2 Kg, 400 grams, 200 grams, 100 grams and 50 grams. Total weight of charas recovered was 10 kg and 500 grams. On counting the currency notes, total amount of Rs.45,000/- from the attachi were found. Charas was put in same bag with shirt, jacket, underwear and vest and put in parcel and sealed with seal 'T' at 12 places. Rs.45,000/- were put in attachi and then in cloth parcel and seal 'T' was affixed at 12 places. Rs.45,000/- were put in attachi and then in cloth parcel and seal 'T' was affixed on parcel at 12 places.

(3.) On completion of the investigation, into the offences, allegedly committed by the accused, report under Section 173 Cr.P.C. was prepared and filed in the Court.