RAVI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant has been convicted and sentenced vide judgment dated 30.6.2016/2.7.2016 passed by learned Special Judge (III), Mandi, District Mandi, H.P. in Session trial No. 40/2015 to undergo rigorous imprisonment for 10 years and to pay a fine of '1,00,000/- and in case of default of fine to further undergo simple imprisonment for two years in a case instituted under Section 20 (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) and aggrieved thereby has filed the instant appeal.

(2.) The prosecution case, in brief, is that on 19.12.2014 PSI Kulwant Singh alongwith other police officials were on nakabandi duty on National Highway No. 21 at Suki Bain. They were checking the vehicles coming from Kullu side and after checking about 20 vehicles, at about 5.00 p.m. they noticed a white Alto car bearing registration No.HP-01M-1858 which was stopped. The vehicle was occupied by the driver only. The Investigating Officer demanded the papers of the vehicle, but the driver got perplexed and refused to show the same. Suspicion aroused and the I.O. stopped another car Tata Nano bearing registration No.HP-65-4326, which was occupied by two persons. The police disclosed to the occupants of the Nano Car regarding their suspicion of the accused and they were accordingly associated in the investigation. The two occupants disclosed their names as Nek Ram Walia and Kshitiz Verma, both residents of Tehsil Sadar, District Mandi, H.P. In the presence of these two witnesses, the driver was asked to disclose his name which he disclosed as Ravi Kumar resident of Sarkaghat aged 38 years. The PSI gave his search to Ravi Kumar and seizure memo was prepared and in the presence of the witnesses Alto Car was checked and it was found that on the passenger side opposite to the driver there was a light yellow colour carry bag whereupon it was written as 'Argia'. Upon opening the same, black substance in the shape of sticks and balls was found which was checked with the drug detection kit and found to be Charas. The substance was weighed with the electronic balance and found to be about 4 kg 70 grams and carry bag was separately weighed which was about 59 grams. The total weight of the charas was 4 kg 11 grams after deducting the weight of the bag. The charas was again kept in the carry bag and sealed on the spot with seal V and NCB form, in triplicate, was filled and specimen of the seal was taken on separate cloth and handed over to Nek Ram Walia. The case property was taken in possession through separate seizure memo over which the witnesses appended their signatures and the copy of seizure memo was handed over to the appellant. The photographs were also taken by HHC Dhameshwar Singh No. 661 with camera and accordingly rukka was sent through him to police station.

(3.) On finding sufficient grounds to proceed against the appellant, learned Special Judge took cognizance and after supplying the copy of the challan and other relevant documents, the appellant came to be charge-sheeted under Section 20 of the NDPS Act, to which he did not plead guilty and claimed trial.