ASHOK KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT has been convicted of an offence under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, for allegedly being in possession of 3.100 kgs. of Charas and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/ -, in default of payment of fine to undergo imprisonment for a further period of four years.

(2.) CASE of the prosecution may be summed up thus. On 9th January, 2003, a bus, which left Kullu at 2.30 p.m. and was bound for Mandi, was got stopped for checking at Bajaura by PW -12 HC Om Prakash. He went inside the bus accompanied by two other Head Constables and found the appellant sitting on seat No. 35. The seat was part of a three -seater bench. There was no other person sitting on that bench. Also, no person was sitting either on the bench ahead of the bench having seat No. 35 or the seat behind that bench. The appellant was having rucksack type bag with him. On seeing the police, he got perplexed. That aroused the suspicion of PW -12 HC Om Prakash. He asked the name of the appellant and told him that it was intended to search his bag as also his person. The aforesaid rucksack was searched in the presence of the conductor and the driver of the bus, namely PW -10 Daya Ram and PW -11 Beli Ram and also one Ramesh and Charas was found in that bag. On weighment, the stuff was found to be 3.100 kgs. Two samples, each weighing 25 grams, were separated. Samples and bulk were made into separate parcels. NCB form was filled in. Search and seizure memo was prepared. A written report was sent to the Police Station for the formal registration of the case. The parcels containing samples and the bulk stuff were produced to the SHO, who affixed his own seals on the parcels and then deposited the case property with the Moharrar Head Constable. One sample was sent to the Chemical Examiner, who, vide report Ex. PA, opined that the sample tested positive for beams alkaline and cystolithic hairs were also present and it had resin content to the extent of 30.78 per cent.

(3.) WE have heard the learned Counsel for the appellant and gone through the record.