CHANDAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant appeal, appellant has assailed the judgment dtd. 1/6/2022 and sentence order dtd. 6/6/2022, passed by learned Special Judge-II, Chamba, District Chamba, H.P., in Criminal Case No. NDPS:200040 of 2012, whereby appellant has been convicted and sentenced as under:- <FRM>JUDGEMENT_2_LAWS(HPH)3_2024_1.html</FRM>

(2.) The case as set up by the prosecution was that during the intervening night between 12/3/2012 and 13/3/2012, Police officials HC Deva Nand (PW-10), HC Shaukat Ali (PW-1), C. Som Parkash (PW-2) and C. Ravinder Singh of Police Post Nakrod (Police Station Tissa, District Chamba, H.P.) had laid a picket (Nakka), at place Gununalla. At about 2:30 AM, on 13/3/2012, a Maruti Car bearing registration No. PB-02-E-5656 was stopped at the 'Nakka'. Three persons namely, Harvinder Singh, Chandan (appellant) and Jasbir Kaur, were found occupying the vehicle. Harvinder Singh was at the driving wheel, appellant was occupying front passenger seat and Jasbir Kaur was on the rear seat of the vehicle. Police entertained suspicion and gave an option to the occupants of the car to get their persons searched in presence of a gazetted officer or a Magistrate. The occupants of the car opted to be searched by the police party.

(3.) The police officials present on the spot offered their personal search. The vehicle was thereafter subjected to search. A cloth bag was found on the rear seat of the vehicle alongwith Jasbir Kaur. On opening of the cloth bag another white coloured cloth bag was found from which 1 Kg 800 Grams of 'Charas' was recovered. One paper packet was found on the dash board of the vehicle from which 20 Grams of 'Poppy Straw' was recovered.