RAKESH KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) Appellant Rakesh Kumar has been convicted of an offence under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for a period of five and half years and to pay fine of Rs. 30,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of two and half years He is aggrieved by his conviction and sentence for the aforesaid offence.

(2.) Facts leading to the trial and the conviction and sentence of the appellant may be noticed. On 6.6.2003, Head Constable Ram Pal (P.W. 13) Investigating Officer, Police Post Mehatpur, was present at check post Mehatpur, when around 3.25 a.m , Bus No. HP-36-5813 which started from Faridabad and was bound for Jassur reached at the said check post. He and his companion police officials, namely Head Constable Ram Pal No. 12 (P.W. 12), Constable Jaswant Singh (P.W. 2) and Constable Govind Ram (P.W. 6) carried out checking of the passengers. The conductor of the bus, namely Sanjiv Kumar (P.W. 1) was also associated in the checking of the passengers and their luggage. One Prem Chand (P.W. 3), posted as peon at the Excise Barrier, Mehatpur, which is close to the police check post, Mehatpur, was also associated. During the course of the checking, two passengers occupying seat Nos. 35 and 42 were founded to be holding bags in their laps. One of them was appellant Rakesh Kumar and the other one was Satbir Singh. The bags were checked and poppy husk was found therein. The poppy husk found in the bag, which the appellant was holding in his lap weighed 14 kilograms. The quantity of the poppy husk recovered from the bag of other passenger, namely Satbir Singh weighted 12 kilograms. Two samples, each weighing 100 grams were separated from each of the two bags. Those samples were made up into four separate parcels and were sealed with a seal that produced the impression of English letter 'H'. The bags containing the bulk poppy husk were also made up into separate parcels and the parcels were sealed with the same seal as the samples. NCB form, was filled in seizure memo was prepared. A report of the search and seizure was prepared and sent to the police station concerned for the formal registration of the case. On the basis of that report, a case was registered against the present appellant and other passenger Satbir Singh, vide F.I.R. No. 341 of 2003. Head Constable Ram Pal (P.W. 13) produced four parcels containing the samples and two parcels containing the bags with bulk poppy husk therein, to the Station House Officer, who affixed his own seal, which produced the impression of English letter 'A', on all the four sample parcels as also the two parcels containing the bulk poppy husk. The parcels together with NCB form and specimen impressions of the seal were then deposited with the Moharar Head Constable by the Station House Officer. Moharar Head Constable sent two samples to the Chemical Laboratory together with the NCB form. The Chemical Examiner reported that both the samples contained poppy husk. On receipt of the aforesaid report from the Chemical Examiner, challan was filed. The Sessions Court charged the appellant with an offence, under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellant pleaded not guilty. Thereafter, evidence of the -prosecution was taken. Accused in his statement under section 313 of the Code of Criminal Procedure denied that he was carrying any bag in his lap and pleaded innocence. The learned Trial Court found him guilty of the charge, convicted and sentenced him as aforesaid.

(3.) Appellant is aggrieved by his conviction and sentence. The finding of the Trial Court has been assailed on a number of grounds. However, during the course of arguments, learned Counsel for the appellant assailed the judgment of the Trial Court on two grounds, namely the evidence that the bag containing poppy husk was recovered from the appellant, was highly doubtful and the link evidence was missing in the case.