TARUN SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 19/20.8.2010, rendered by the learned Special Judge, Kullu, H.P, in Sessions Trial No. 29 of 2008, whereby the appellant-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sections 20 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act), alongwith the co-accused, has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1,00,000/- under Section 20 of the Act and in default of payment of fine, he was further ordered to undergo simple imprisonment for one year. Accused Vinod and Amit were acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 5.3.2008, SI Vidya Chand, ASI Kishan Chand, HC Piare Lal, Const. Pritam Singh alongwith sniffer dog and its handler were present at police check post Bajaura. They had gone there in official vehicle driven by Const. Karam Chand. When the police party was present at Police Post Bajaura, a bus bearing registration No. HP-03-2817, enroute from Manali to Delhi reached there. The bus was stopped and the police party alongwith the dog squad entered the bus. The police party after associating its driver Joginder Singh and Conductor Manohar Lal as witnesses, started checking the luggage of the passengers. The sniffer dog started smelling the luggage of the passengers sitting on seats No. 23 & 24. Those persons were having two bags between their legs and beneath the seat. The sniffer dog pounced upon two blue coloured bags. The handler of the dog expressed his suspicion. Then name of the person occupying seat No. 24 was ascertained as Tarun Sharma. Similarly, the person sitting on seat No. 23 disclosed his name as Nitin Khanna. Accused Tarun Sharma alongwith the bag and the person sitting on seat No. 23 alongwith his bag were taken out of the bus. The bags were searched. It was found containing two plastic khakhi coloured envelopes and one yellow coloured envelope upon which words "Malhan Cloth House" were written. On opening the two polythene envelopes, charas in the shape of sticks, chapaties and balls was found. The contraband was weighed. It was found to be 6 kgs. Out of the recovered charas, two samples of 25-25 gms each were separated and thereafter samples were packed in separate parcel. The remaining bulk charas was again put in the same polythene envelopes and packed separately in cloth parcel. Thereafter, sample parcels and bulk parcel were sealed with seal impression T. NCB-I form in triplicate were filled in and case property was taken into possession. Accused Vinod Kumar was arrested in FIR No. 142 of 2008. On interrogation Vinod Kumar disclosed that he had purchased four kilograms of charas from one Amit Kumar. Accused Amit Kumar made disclosure statement during police custody disclosing that he had kept Rs. 4000/- in his house which he received by selling charas and on the basis of this statement he got recovered Rs. 4000/-. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as 22 witnesses. The accused was also examined under Section 313 Cr.P.C. The accused has denied the prosecution case in entirety. The learned trial Court convicted the accused, as noticed hereinabove.