SHANKAR THAPPA Vs. STATE OF H.P

JUDGEMENT

(1.) Shankar Thappa -appellant (hereinafter referred to as the accused) has filed this appeal against the judgment and order of conviction and sentence dated 31.10.2002 passed by learned Sessions Judge, Mandi in Sessions Trial No. 11 of 2002 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short N.D.P.S. Act). He was sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/ - failing which he was to suffer four years rigorous imprisonment.

(2.) The case of the prosecution against the accused in brief, is that on 26.11.2001 at about 9.15 p.m. PW -9 Ashish Sharma, Station House Officer, Police Station, Sarkaghat along with PW -8 Ramesh Chhajta, Deputy Superintendent of Police, ASI, Arjun Dass, Constable Perma Nand and Constable Suresh Kumar was on patrolling and detection of crime duty at Damshera. One bus of Himachal Road Transport Corporation Bearing Registration No. HP -12 -4156 came from Joginder Nagar. The said bus was going from Joginder Nagar to Chadigarh. It was stopped for checking the luggage of the passengers. The accused was also travelling in the bus occupying seat No. 14. He was keeping one bag on his left side of the window and himself was pretending to be sleeping. On inquiry made by the Police, the accused disclosed his name. PW -9 got the bag of the accused checked by from Rakesh Kumar, Home Guard. On checking the bag three polythene packets concealed under a blanket were recovered there from. As there was no provision of light at that place, therefore the bus was taken to Bus Stand. Sarkaghat along with bag of the accused. The packets were opened in the presence of PW -4 Ram Singh Driver and PW -5 Tara Chand Conductor of the bus in which Charas was detected. The weights and scales were arranged from PW -3 Pawan Kumar working in a Halwai shop of Rattan Singh at the Bus Stand. On weighment, it was 3 Kg. Charas. Two samples of 25 grams each were drawn separately by PW -9 which was sealed in two different parcels with seal impression H. The remaining Charas was sealed in another parcel with the same seal. The seal after use was given to PW -4 driver The seized contraband was taken into possession vide seizure memo Ext.PR N.C.B. Form Ext.PL was prepared on the spot. PW -9 sent Rukka Ext.PK trough Constable Suresh Kumar to the Police Station for registration of the case. The other articles found in the bag were taken into possession vide seizure memo Ext. PR Spot map Ext.PO was prepared. PW -9 supplied the grounds of arrest to the accused. Statements of the witnesses were recorded. On 27.11.2001, PW -9 sent special report Ext. PJ to the higher Police Officer. He deposited the sealed packets of sample and other articles with PW -1 M.H.C. Jaspal Singh on 27.11.2001. On receipt of Chemical Examiner Report Ext. PQ and on completion of the investigation, PW -9 prepared the challan and presented the same in the Court.

(3.) The accused came to be tried by the learned Sessions Judge. He pleaded not guilty to the charge.