KRISHAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT has been convicted of an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, for allegedly possessing 1.500 kgs. Charas and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/-, in default of payment of fine to undergo simple imprisonment for a further period of two years.

(2.) PROSECUTION story, as per record, is like this. On the night intervening 30th April and 1st May, 2003, a Naka was organized by a police party headed by PW-2 Inspector Jitender Kumar at a place called Panjpula within the area of Police Station, Dalhousie. At 1.30 a.m., a bus came from Chamba side. It was got stopped for routine checking of the passengers and their luggage. A passenger sitting on seat No.36 was having a polythene bag in his lap, which contained Charas. That man was made to deboard the bus. Outside the bus, proceedings of search and seizure were conducted. At 2.45 a.m., after completing the proceedings of search and seizure, PW-12 Inspector Jitender Kumar entered the bus again to carry out the checking and search of other passengers. Passenger occupying seat No.35 was found to have kept something wrapped in a white cloth sheet on his thighs. This passenger was the appellant. On search, the stuff wrapped in the cloth sheet was found to be Charas, which weighed 1.500 kgs. Two samples each weighing 25 grams were separated. Samples and the bulk Charas were made into separate parcels and the parcels were sealed with a seal which produced an impression of letter 'T' of English alphabet. Sample was sent to Chemical Examiner, who reported that the stuff contained resin to the extent of 26.23 per cent.

(3.) WE have heard the learned counsel for the appellant as also the learned Additional Advocate General and gone through the record.