THAKUR DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Sessions Judge, Mandi in Sessions Trial No. 14 of 2004 dated 22.2.2006, whereby he has convicted the appellant of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (for short ' the Act') and sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.50, 000/-. In case of default of payment of fine, the accused is to undergo further imprisonment of one year.

(2.) THE prosecution story in brief is that on 4.1.2004 PW-9 Paras Ram along with PW-3 Jagat Ram , PW-4 Baldev Singh and two other constables were on duty near Pandoh Dam . At about 4.10 p.m. a private bus No. HP-34-3222 came from Kullu side and was going towards Mandi. The bus was stopped for routine checking. PW-9 and PW-3 entered the bus and started checking the passengers and their luggage. One Moti Ram (PW-1) was sitting in seat No.46. His luggage as well as Moti Ram was searched but nothing was recovered from him. Next to Moti Ram the appellant was sitting on seat No.47. He became nervous and thereafter the police became suspicious. An option was given to him as to whether he wanted his personal search to be conducted by a Gazetted Officer or by a Magistrate or by the Police. The accused agreed to be searched by the Police and the search was conducted and a cloth belt was found strapped around the waist of the accused beneath his clothes. Inside this belt a packet was found. When the packet was opened it was found to be containing 'Charas'. The recovered 'Charas' was weighed and found to be 800 grams. Two samples of 25 grams each were taken and thereafter the 'Charas' and the samples were sealed with seal impression 'P'. Requisite documentation was done and the N.C.B. Form (Ext. PN) was filled in. The seal was allegedly handed over to Moti Ram. The Investigating Officer prepared the rukka (Ext. PO) and sent the same for registration to Police Station Sadar, Mandi through PW-3 H.C. Jagat Ram. The Station House Officer PW-10 Sh. K.D.Sharma recorded the F.I.R. After completing the entire formalities and investigation, PW-9 lodged the case property with PW-10. Shri K.D.Sharma, Station House Officer after re-sealing the samples with seal 'T' handed over the case property to Head Constable Baldev Singh (PW-4).

(3.) I have heard Shri G.R. Palsra, learned counsel for the appellant-accused and Shri Ashutosh Burathoki, learned Additional Advocate General for the State.