ASHWANI KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE accused is in appeal against judgement dated 30.9.2006 recorded by the learned Special Judge, Mandi, in Sessions Trial No. 21 of 2003, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) thereby convicting and sentencing the accused for five years rigorous imprisonment and fine of Rs. 5000/- and in default of payment of fine to further undergo imprisonment for three months.

(2.) THE facts in brief are that on 20.2.2003 at about 5 p.m. Head Constables Lal Chand, Kuldip Chand, constables Nand Lal, Hoshiar Singh, LHCs Hans Raj and Jagat Ram were in Pandoh Bazar in connection with patrolling and traffic checking. H.R.T.C. bus bearing No. HP-34-3169 came from Kullu side and was on way to Kotli Kun and was stopped by police party for checking. Head Constable Lal Chand, constables Nand Lal, Hans Raj entered the bus and started checking of luggage as well as the passengers. On seeing the police party, a passenger sitting on seat No. 46, became nervous. PW 12 ASI Lal Chand inquired his name, who disclosed his name as Ashwani Kumar. He was suspected to be carrying some contraband and, therefore, he was given an option vide memo Ex. PA either to get himself searched from the Gazetted Officer or Executive Magistrate. The accused opted for his search by police party and accordingly an endorsement was made to this effect on Ex. PA in presence of witnesses.

(3.) PW 12 ASI Lal Chand thereafter prepared rukka Ex. PQ, which was sent through constable Nand Lal to Police Station, Sadar for registration of the case. PW 11 on receipt of rukka from constable Nand Lal registered FIR Ex. PL. He made an endorsement Ex. PM on rukka and handed over the file to Nand Lal, who in turn handed over the file to Investigating Officer on the spot. ASI Lal Chand prepared site plan Ex. PR. The accused was informed the grounds of his arrest. The case property was produced before PW 11 SHO K.D.Sharma alongwith NCB form, specimen seal "A" and other documents. SHO K.D.Sharma resealed the bulk charas as well as the sample parcels with seal "O" and specimen of seal "O" was also taken on NCB form Ex. PN. The two parcels of samples of charas duly sealed with seal "O" alongwith NCB form, sample seals, seizure memo and the case property was deposited by SHO K.D.Sharma, which was entered in the Malkhana register.