RAVI KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 29.11.2008, rendered by the learned Special Judge, Presiding Officer, Fast Track Court, Mandi, Distt. Mandi, in Sessions Trial No. 33 of 2008, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sections 20, 61 & 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act), has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1,00,000/ - and in default of payment of fine, he was further ordered to undergo rigorous imprisonment for one year.

(2.) THE case of the prosecution, in a nut shell, is that on 15.2.2008 at about 4:35 A.M., HC Krishan Chand alongwith HC Ashok Kumar, Lady Constable Sangita Devi, HHC Padam Singh, HHC Ramesh Kumar and Const. Hitender Kumar proceeded from S.I.U. Mandi to Bindrabani for 'Naka Bandi' and routine traffic checking. At about 7:50 AM, a bus of Punjab Roadways bearing registration No. PB -32F -1303 came from Manali side which was enroute to Jalandhar. The bus was stopped for checking by the police party. Driver Kulwant Singh and Conductor Jaspal Singh were associated in the raiding party. Thereafter, the search of the bus was carried out in their presence. The accused was found sitting on seat No. 20 having polythene packet on his lap. Upon search of the packet, another polythene packet was found in it containing 4 sweet boxes which were wrapped with gift paper. All the four packets were opened and a black material in the shape of sticks and "chapatti" was found. It was found to be charas. It weighed 4 kgs. Out of the recovered charas two samples of 25 -25 grams each were separately drawn and packed in two small cloth parcels which were sealed with seal impression 'D' at four places each and the remaining charas was also packed in a main cloth parcel alongwith sweet boxes and polythene packets and sealed with seal impression 'D' at 8 places. The specimen of sample seal 'D' was also drawn separately on a piece of cloth over which accused and witnesses Kulwant Singh and Jaspal have appended their respective signatures. NCB forms in triplicate were filled in. The impression of seal 'D' was affixed over it and the seal was handed over to witness Jaspal Singh after use. On the basis of the rukka, which was carried from the spot by HHC Padam Singh, FIR No. 63 of 2008 was registered. The contraband was re -sealed by SI SHO Dandu Ram with seal impression 'A' at 8 places and the sample parcels were resealed with seal impression 'A' at four places each. He also filled Sr. No. 9 to 11 of NCB forms. Thereafter, SI/SHO Dandu Ram handed over the case property alongwith related documents to Incharge Malkhana HHC Nand Lal. On 15.2.2008, after receiving the case property by HHC Nand Lal entered all the case property in the Malkhana Register at Sr. No. 847. On 19.2.2008 HHC Nand Lal forwarded one of the sample parcel to FSL, Junga through HHC Nika Ram alongwith NCB forms in triplicate, seizure memo, sample seals 'D' and 'A', copy of FIR and other related documents vide RC No. 49/2008. HHC Nand Lal has handed over the receipt of deposit to HHC Nand Lal, PS Sadar, Mandi, H.P. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) MR . Ajay Sharma, Advocate, appearing on behalf of the accused, has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. P.M. Negi, Dy. AG, for the State has supported the judgment of the learned trial Court dated 29.11.2008.