ANGOORI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30.12.2003 rendered by the learned Sessions Judge, Una whereby the appellants/accused (hereafter referred to as the accused persons) have been convicted under Section 15 of the N.D.P.S. Act (hereafter referred to as the Act) and each one of them has been sentenced to undergo rigorous imprisonment for five years and fine of Rs, 50,000/ - and in default of payment of fine to undergo imprisonment for a further period of one year.

(2.) Case of the prosecution against the accused persons is that on 19.9.2002 at about 4.50 a.m. Police Inspector Rahul Sharma (PW -9) accompanied by a few other police officials, including HC Naresh Kumar (PW -3) was on Naka duty at Mehatpur Barrier. At that time H.R.T.C. Bus No. HP -22 -379 bound from Delhi to Hamirpur arrived there and was stopped by the police party for the purpose of checking. On checking of the bus three bags Ext.P -2 to Ext.P -4 were found kept under seat Nos. 40, 41 and 42 occupied by the accused persons and Attachy Ext.P -1 was found kept between the feet of the occupants. 7 polythene bags containing poppy husk weighing 14 Kilograms was found in Attachy -case Ext.P -1, 5 polythene bags of poppy husk weighing 9 Kilograms were found in one of the bags, 4 polythene bags containing 9 kilograms of poppy husk were found kept in the second bag and 5 polythene bags containing 5 kilograms of poppy husk were found in the third bag. The contraband so found was taken in possession and after separating two samples each of 500 grams from each bulk of the poppy husk found kept in Attachy case Ext.P -1 and the three bags Ext.P -2 to Eit.P -4, the samples so taken and the bulk contraband of each container were made into separate parcels which were sealed with seal H. Specimen sample of the seal was separately taken and the contraband was seized vide memo Ext. PA. The proceedings referred to in memo Ext. PA were carried out in the presence of Chamel Singh (PW -1), Ravinder Singh (PW -2) and/the accused persons and they signed the said memo. The accused were informed of the grounds of their arrest vide memo Ext. PB and were formally arrested. PW -9 prepared Ruka Ext. PH and sent it to the Police Station where on the basis of said Ruka formal F.I.R. Ext. PJ came into being. Personal search of the accused persons was carried out vide memos. Exts. PC, PD and PE. PW -9 also sent information Ext. PK to S.P. Una. Accused and the case property were produced before Sub -Inspector Des Raj (PW -4) Additional S.H.O. Police Station, Una who re -sealed the case property with his seal Ext. BS and then handed it over to MHC Ved Prakash (PW -7) for being kept in safe custody. On 20.9.2002 PW -7 handed over four sample parcels to Constable Surjit Singh (PW -6) for delivery in CTL Kandaghat for analysis alongwith sample seal and NCB form. PW -6 handed over the aforesaid articles in CTL Kandaghat against receipt which he handed over to PW -7. The Chemical Examiner vide his report Ext. PM found that the samples were of poppy husk. On completion of investigation a charge -sheet was submitted against the accused persons who came to be tried by the learned Sessions Judge on a charge under Section 15 of the Act.

(3.) To prove the charge against the accused persons, prosecution examined nine witnesses. Statements of the accused persons were recorded under Section 313 Cr.P.C. wherein they denied the prosecution case as a whole and claimed to be innocent. The accused persons, however, did not lead any defence.