RASHEED Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal is directed against the judgement rendered on 28/31.08.2015 by the learned Special Judge, Ghumarwin, District Bilaspur, Himachal Pradesh in Sessions Case No.25/3 of 2013/12, whereby the appellant stands convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.10,000/- and in default to undergo simple imprisonment for three months for commission of offence punishable under Section 15(b) of the NDPS Act.

(2.) The prosecution story, in brief, is that on 8.4.2012, SI Ram Dass, along with C. Dinesh Kumar, C. Sunil Kumar and HHC Pradeep Kumar were on patrolling duty in an official vehicle bearing No.HP-69A-0310 on NH-21 at Kainchi Mor. While they were moving towards Kainchi Mor, the accused was moving on scooter bearing No.HP-69-0955 ahead of them. The accused on seeing the police started driving the scooter in high speed. At about 7.15 PM on suspicion the said scooter was intercepted and on inquiry the accused disclosed his name as Rashid. All the police officials had given their personal search to the accused vide memo Ext.PW-6/A but nothing incriminating was recovered from them. Thereafter, the scooter was searched and from inside its front dickey, a transparent plastic bag Ext.P-2 was recovered, which on opening was found to be containing poppy straw Ext.P.3. HHC Pradeep Kumar was sent by SI Ram Dass to bring the scale and weights, who brought the same from the shop of Jaimal Singh. On being weighed, the poppy straw was found to be 1 kg 600 grams in weight along with the plastic bag. The contraband and plastic bag were sealed with seal impression "T", which bears the signatures of the witnesses and of accused.

(3.) On completion of investigation into the offence allegedly committed by the accused a report under Section 173 Cr.P.C. stood prepared and filed in the competent Court.