SATISH RANA Vs. STATE OF H P

JUDGEMENT

(1.) This appeal under Section 36-B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) is directed against the judgment of the learned Special Judge, Mandi dated 15.5.2007 passed in Session Trial No. 29/2004 whereby the appellant (hereinafter referred to as the accused) has been convicted of having committed an offence punishable under Section 20 of the NDPS Act and has been sentenced to undergo rigorous imprisonment of five years and to pay fine of Rs. 50,000. In case of default of payment of fine the accused has been directed to undergo further imprisonment for one year.

(2.) The prosecution version is that on 12.3.2004 at about 4.30 p.m. ASI Paras Ram PW10 alongwith HC Parkash Chand, HC Roshan Lal and Constable Jagat Ram PW1 were on naka duty and had laid a barricade at Pandoh Barrier on National Highway No. 21. At about 5.10 p.m. a private bus belonging to Hamsafar Bus Services bearing Registration No. HP 33-5630 came from Kulla Side. The bus was stopped. The police officials entered the bus and checked the luggage of the passengers. There were hardly 10 to 12 passengers in the bus. The accused Satish Rana was sitting on seat No. 25. It was alleged that he was carrying a bag between his legs and on inquiry by the police he disclosed his name. Since he was acting nervously, the police officials become suspicious and thereafter a formal search of the bag was carried out in the presence of PW2 Lalman, Conductor of the bus and PW5 Shyam Lal another passenger in the bus.

(3.) During this search amongst other items two packets of 'charas' were recovered from the bag. On weighment the 'charas' was found to be one kg. The Investigating Officer took two samples of 25 grams from each of the packets and put them in parcels which were sealed with seal 'D'. Remaining 'charas' was put in a sealed parcel which was also sealed with seal 'D'. Specimen impression of the seal was also taken on cloth Ext. PW. After use, the seal was handed over to the Conductor Lalman. The Investigating Officer filled up the search and seizure memo Ext. PB which was signed by the witnesses and the accused. Thereafter the investigating officer sent a ruqua Ext PG through PW1 constable Jagat Ram who handed over the same to PW 4 N.K. Sharma. On the basis of the ruqua, FIR Ext. PH was registered. PW4 made an endorsement on the ruqua and returned the case file to PW1 Jagat Ram who then returned it to the investigating officer on the spot. PW10 Paras Ram prepared the spot map Ext. P.P. Other documentation was done.