RAKESH KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) THIS is an appeal filed by the appellant against the judgment of the court of learned Additional Sessions Judge, fast Track, Kullu, dated 16-8-2005, vide which the appellant was held guilty under section 20 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the NDPS Act and was sentenced as under :-

(2.) BRIEFLY stated the facts of the case are that on 27-1 1 -2003, at 8. 00 a. m. , P. W. 8 si/sho Daya Sagar along with other police officials was present near Ghiyagi Bridge in connection with patrol and detection of crime. A maruti car came there from Sojha side. It was stopped and its documents were demanded from the driver. The vehicle was being driven by the appellant and one munish Kumar alias Sonu was sitting by his side and two other accused Babar Ali and kamaljit were sitting in the rear seat of the car. It was an isolated place, therefore, two police officials, namely, ASI Lekh Ram and asi Narain Singh along with SHO were associated and the personal search of the accused, one polythene packet containing in the shape of sticks and ball was recovered. The same was weighed and it was found to be 900 grams. Two samples of 25 grams each were taken which were sent for analysis and after completion of the investigation, the challan was filed as against the appellant, driver of the car, as well as three other occupants of the car.

(3.) THE learned trial Court framed a charge under Section 20 read with Section 29 of the NDPS Act and tried the appellant and his other companions. The appellant was held guilty under Section 20 of the Act and was convicted and sentenced as detailed above, while the other occupants of the car were acquitted of the charge framed against them.