RASHID MOHAMMAD Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal stands directed by the accused/convict against the judgment of the learned Special Judge, Fast Track Court, Chamba, H.P. rendered on 6.9.2006 in Sessions Trial No. 57/2004/03, whereby, it returned findings of conviction against the accused/convict for his committing an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act). The learned trial Court proceeded to hence sentence him to undergo rigorous imprisonment for 1 1/2 years for commission of the offence punishable under Section 20 of the NDPS Act besides sentenced him to pay a fine of Rs.15,000/ -, in default whereof he was sentenced to undergo further rigorous imprisonment for three months.

(2.) The facts relevant to decide the instant case are that on 9.01.2003, in the morning police party headed by ASI Uttam Chand, the then In -charge of Police Post, Chauhra was on routine Nakabandi at Barangal Morh, Pargana Bhalei. At about 10.30 a.m. an HRTC bus bearing registration No. HP -48 -0982 enroute Langera to Pathankot via Khairi came. The said bus was stopped for checking. When the belongings of the passengers traveling in the bus were being checked, a person who was sitting on seat No.44 of the bus and had kept a green coloured 'pithu' in between his legs got frightened. On suspicion, his name was enquired. He disclosed his name as Shri Rashid Mohammad. The Pithu (bag) which he was carrying was got opened and checked in presence of Shri Anoop Kumar, the driver of the bus and Shri Kishori Lal, the conductor of the bus. A plastic boru tied with a rope was recovered from the bag. The boru was opened and checked. Maize flour weighing about 3 Kg was found in the boru. In the maize flour, a ganth (knot) of the cloth had been kept, such knot was also opened which in turn led the recovery of a polythene lifafa having charas in the shape of sticks. On weighing the aforesaid contraband, it was found to be 150 grams. Thereafter, other codel formalities were completed by the Investigating Officer and the accused was arrested. Report of the FSL was procured. Statements of the witnesses were recorded.

(3.) On conclusion of the investigation, into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.