AMAR BAHADUR Vs. STATE OF H P

JUDGEMENT

(1.) THIS is an appeal filed by the appellant against the judgment of the court of learned Sessions Judge, Mandi dated 7-6-2006 vide which the appellant was held guilt under Section 20 of the Narcotic drugs and Psychotropic Substances Act, 1985, hereafter referred to as the 'act', and was sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 20,000/ -. In default of payment of fine, the appellant was to further undergo simple imprisonment for a period of three months.

(2.) BRIEFLY stated, the facts of the case are that on 23-10-2004 at about 3. 30 a. m. ASI Ram Lal along with HC Balwant Singh p. W. 2, P. W. 6 Roshan Lal Constable and other police officials was present at Pandoh dam in connection with traffic checking. Bus bearing No. HP-65 0317 came from Kullu side which was stopped by the police party and the documents of the vehicle were checked by ASI Ram Lal. Thereafter ASI Ram lal started checking of the passengers and the driver of the bus, namely, Kashmir Singh p. W. 1 and Conductor Surender Kumar were also associated in the checking of luggage. It is in evidence that Ram Lal ASI along with other police officials reached near the seat no. 25, the appellant also referred to as an accused, who was occupying that seat, became perplexed on seeing the police party. The accused was having a bag kept by the side on his seat. He tried to take out something from his waist and on checking it was found that something was wrapped around his waist with a woolen belt which was also having a chain. On checking, the accused was found carrying polythene packet in the purse of the bag and when it was checked it was found containing Charas, which on weighment was found to be 400 gms. The charas was weighed in the presence of the witnesses. 50 gms. of Charas was taken out separately and was divided in two equal parcels of 25 gms. each and the samples were separately sealed and were sealed with seal "r" at six places. NCB Form was prepared separately. The specimen seal R was also taken on Ex. PA and the seal after use was handed over to P. W. 1 Kashmir Singh. The charas was taken in possession vide memo. Ex PB and a personal search of the articles was also taken vide memo. Ex PC ruka was prepared which was sent to Police Station for registration of a case. On receipt of the Ruka by P. W. 7 ASI Lal Chand who was posted as Investigating Officer at police Station Sadar Mandi, he recorded FIR ex. PG and also made endorsement on Ruka ex. PH. The case property was deposited with P. W. 9 SHO N. K. Sharma who resealed the case properly with his seal. The packel of samples and the remaining Charas were sealed with mark "c". He filled in the NCB forms and deposited the case property with hhc Baldev Singh P. W. 4. One sample parcel duly sealed with seal R and C along with ncb form etc. was sent to Chemical Analyst, Kandaghat through P. W. 3 HHC dharam Chand who deposited them there and handed over the receipt to MHC Baldev singh. A special report was prepared anc was sent to S. P. Mandi which was receivec by P. W. 5 SI Ram Lal the then Reader to S p. Mandi and he put up the same before Shr ajay Yadav S. P. Mandi on 25-10-2004 at 10-10 a. m. The said report is Ex. PC which was signed by S. P. Mandi in presence of p. W. 5 SI Nand Lal who made entries in the register with regard to receipt of special report. On receipt of the report of the Chemical Examiner the challan was filed before the trial Court, who tried the appellant under section 20 of the Act leading to the conviction and sentence imposed by learnec trial Court as mentioned above.

(3.) I have heard Ms. Sunita Sharma learned counsel for the appellant and Mr. J s. Guleria, Law Officer for the respondent state.