HARI NARAYAN JAAT Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 24.11.2015, rendered by the learned Special Judge, Kullu, H.P., in Sessions trial No. 57/2014, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 20 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 term of ten years along with fine of Rs. 1,00,000/ - and in default of payment of fine, he was further ordered to undergo simple imprisonment for a period of one year.

(2.) The case of the prosecution, in a nut shell, is that on 22.4.2014 as per rapat No. 15(A), the police team headed by ASI Rajesh Kumar (PW -9) proceeded for nakabandi towards Bajaura at about 9:45 AM. When the team was present at Bajaura, a Punjab Roadways bus, bearing No. PB -12Q -9963 reached at Check Post. It was enroute from Manali to Chandigarh. It was being driven by Jasbir Singh and its conductor was Harjit Singh (PW -3). The bus was stopped for checking. ASI Rajesh Kumar (IO) along with HC Hitesh (PW -8) and Conductor Harjit Singh (PW -3) entered the bus from rear door. The driver was also called. They started checking the luggage of the passengers. On checking, accused was found sitting on seat No. 22 in the bus. He was carrying black colour bag on his lap. Accused got frightened on seeing the police party. On asking about the contents of the bag, accused could not give satisfactory reply. He was called out of the bus along with the bag. The IO in the presence of witnesses gave his personal search to accused and during his personal search nothing incriminating was found. Thereafter, the bag carried by the accused was searched by the IO and on search, three packets wrapped with cello tape were found in the bag. On opening the packets, black colour substance in the shape of balls was recovered which was found to be charas. It weighed 2.500 kgs. Out of the recovered charas, sample of 25 grams was separated which was packed in a cloth parcel and sealed with three seals of letter "T". The remaining bulk charas was separately packed and sealed in another cloth parcel by putting eight seals of letter "T". Bag was separately packed and sealed in third parcel. Samples of seal "T" were drawn. NCB form in triplicate was filled vide Ext. PW -5/D. Thereafter, IO prepared rukka Ext. PW -8/A and sent to the Police Station Bhuntar, on the basis of which FIR Ext. PW -6/A was registered. The case property was produced before PW -7 SI Lal Singh, who resealed the same with seal "D". He filled in the relevant columns of NCB form. The case property along with the documents was deposited with PW -5 MHC Gian Chand. He made entry in the malkhana register. On 23.4.2014, PW -5 MHC Gian Chand sent the same to FSL Junga. The report of the FSL is Ext. PW -7/B. The investigation was completed and the challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as nine witnesses. The accused was also examined under Section 313 Cr.P.C. According to him, he was falsely implicated. The learned trial Court convicted the accused, as noticed hereinabove. Hence, this appeal.