PARDEEP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal has been filed against Judgment dated 1.10.2015 rendered by the learned Special Judge-III, Solan, District Solan (HP) in Sessions Trial No. 9FTC/7 of 2013, whereby appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sec. 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been convicted and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1.00 Lakh and in default of payment of fine, to further undergo simple imprisonment for one year.

(2.) Case of the prosecution, in a nutshell, is that on 10.2.2013, HC Ambi Lal (PW-10), IO SIU, Solan along with HC Ajay Kumar, Constable Bhupinder Singh, Constable Amit Kumar, Constable Rohit Kumar was on patrolling and traffic checking duty towards Shamti, Jatoli and Oachhghat. At about 11.00 AM, a private bus i.e. Bhagnal Coach came from Rajgarh side and it was signalled to stop. The bus, bearing registration No. HP-64-4597, was enroute Liyat-Giripul-Solan. Police entered the bus. Passengers were advised to keep their luggage with them. Police started checking luggage. When they reached seat No. 17, a person was found sitting with a micron packet in his lap. It was checked and opened. It contained his clothes, two micron small packets tied with thread. These micron packets were opened. Black coloured substance in the form of balls and sticks was recovered. It was found to be cannabis. It weighed 464 grams. Sealing proceedings were completed at the spot. Pullinda was sealed with three seal impressions of seal "A ". sample of seal was taken on piece of cloth. NCB form in triplicate was filled in. impression of seal "A " was put on the same. Seal after use was handed over to Baldev Kumar. Rukka PW-10/C was sent through Constable Amit Kumar to the Police Station, Sadar, Solan for the registration of FIR. FIR Ext. PW-6/A was registered. Pullinda was resealed by ASI Krishan Chand (PW-11) with six seal impressions of seal "T ". Case property was sent to FSL Junga through Constable Sudhir Sharma. Report of FSL is Ext. PX. Investigation was completed. Challan was put up in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as eleven witnesses. Accused was also examined under Sec. 313 CrPC. He pleaded innocence. Learned trial Court convicted the accused as noticed above. Hence, this appeal.