DINESH RAI Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the conviction and sentence imposed by the learned Presiding Officer, Fast Track Court, Mandi, vide his judgment dated 5.4.2006. The appellant was sentenced under Section 20 of Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to NDPS Act), to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.50,000/- and in default of payment of fine, the appellant was directed to further undergo simple imprisonment for one year.

(2.) BRIEFLY stated the facts of the case are that on 23.10.2004 PW10 H.C. Ram Lal along with PW2 C. Sant Ram, C. Vidya Sagar and C. Yoginder Pal was present at Pandoh Dam National Highway-21 for traffic checking at about 4.00 P.M. A bus bearing registration No. HP-65-7503 came there from Kullu side which was stopped by them. The documents of the bus were checked and found to be correct. Thereafter, PW10 H.C. Ram Lal along with constables entered the bus for checking and associated driver of the bus and PW1 Nirmal Kumar, conductor of the bus. The appellant (hereinafter to be referred also as accused) was found sitting at seat No. 37 along with a bag. On seeing the police party, he became perplexed and the bag was checked which was containing shirt, two pants, underwear etc. and on checking in one T. shirt red in colour a packet containing charas in the shape of sticks was recovered. On weighment, the same was found to be weighing 750 grams. Two samples each weighing 25 grams were taken from the packet and was sealed separately, while the remaining packet of charas was sealed after putting the same in the same T. shirt. These were taken into possession, as per procedure, N.C.B. form was filled at the spot. The spot map was prepared. A ruka was sent to the Police Station. The accused was informed about the grounds of arrest. The case property was produced before the S.H.O., Police Station Sadar Mandi along with N.C.B. form and sample seal who resealed the same. On 24.10.2004 special report was sent to S.P. Mandi through C. Sant Ram.

(3.) I have heard Mr. Rahul Mahajan, Advocate, appointed by the Court for the appellant and Mr. Ashutosh Burathoki, learned Additional Advocate General, for the respondent/State.