DEEPAK Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal has been instituted against Judgment/Order dated 12.5.2015/13.5.2015 rendered by learned Special Judge, Kullu, District Kullu, Himachal Pradesh in S.T. No. 31 of 2014, 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 three years and to pay a fine of Rs. 30,000.00 and, in default of payment of fine, to further undergo rigorous imprisonment for two months.

(2.) Case of the prosecution, in a nutshell, is that on 12.1.2014, a police party headed by ASI Kishan Chand of PS Bhunter, was on patrolling at forest check post, Bajaura. At 8.10 pm, Haryana roadways bus bearing registration No. HR 55P-1040 came from Manali side. It was going to Delhi. The bus was stopped and they went inside the bus for checking. When they reached seat No. 35, person sitting on that seat got perplexed. His identity was ascertained. Accused was carrying one black coloured bag on his lap. On suspicion, accused was got down from the bus and he was taken to forest check post. IO ASI Kishan Chand gave his personal search. Driver of the bus Rajinder and Conductor Jai Dev were also associated and in their presence IO had given his personal search to the accused. Then bag of the accused was searched from which two packets wrapped in Khaki cello tape were recovered. Both the packets were opened and black coloured stick shaped substance was recovered. It was found to be charas. It weighed 450 grams. A sample of 20 grams charas was separated and remaining 430 grams charas was filled in the same cello tape packets and packets were put in the bag and bag was put in cloth parcel. It was sealed with 6 seals of 'M'. IO also filled in NCB form in triplicate and sent intimation to the Police Station, Bhunter for registration of FIR through ASI Yashpal. FIR was registered. Case property was resealed by SHO Police Station, Bhunter and deposited with MHC. Contraband was sent for examination to FSL Junga. Investigation was completed and Challan was put up in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as 10 witnesses to prove its case against the accused. Accused was also examined under Sec. 313 CrPC. He has admitted that he was sitting on seat No. 35, however, he denied that he was carrying any bag with him. According to him, bag was lying on the rack of the bus just above seat No. 35. Accused was convicted by the learned trial Court. Hence, this appeal.