VINESH KUMARI Vs. STATE OF H P

JUDGEMENT

(1.) BOTH these appeals are directed against the judgment of the learned trial court whereby the appellants have been convicted for having committed offences punishable under Sections 18 (b)and 20 (b) (ii) (B) of the Narcotic Drugs and psychotropic Substances Act (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000 each and in default of payment of fine to undergo rigorous imprisonment for a period of 2 years.

(2.) THE relevant facts, necessary for decision of the case are that PW-1 HHC Sher bahadur was on patrol duty on 21. 7. 2003. He received secret information that the two accused Vineh Kumar and Kamlesh Kumari are dealing in contraband drugs and had both gone on scooter No. HP-19-3931 towards Nadaun to bring opium and charas. He accordingly informed PW-12 ASI harbans Lal about the information. Statement of this witness Ext. PW-1/a was recorded under Section 154 Cr. P. C.

(3.) ACCORDING to the Investigating Officer after recording the statement of PW-1, ruqua Ext. PW-10/a was sent for registration of FIR and information under Section 42 of the Act was sent to the Dy. S. P. Amb. Thereafter, he associated two local witnesses and made a raiding party and a naka was laid at Patehar Chowk. After some time scooter No. HP-19-3931 came from Nadaun side and the same was stopped. The scooter was being driven by Viney Kumar. Kamlesh kumari was the pillion rider and was car-rying a bag in her hand. Both the persons were informed about their right to get searched by a Magistrate or Gazetted officer, They opted to be searched by the raiding party. On search of the bag being carried by Kamlesh Kumari a substance which appeared to be opium was found. This was weighed and found to be 7 kg. and 200 gms. The dickey of the scooter was also searched. In the dickey there was one bag containing 300 gms of charas. Samples from both bags were taken. The opium samples were of 50 grams each and the samples of charas were 10 grams each. According to the prosecution the samples were sealed with seal-A and thereafter handed over to PW9 HC Ram kishan who resealed them with seal-N. The samples were deposited in the Malkhana register and thereafter sent for analysis. The samples were opined to be samples of opium and charas respectively. Thereafter, after completing further formalities a challan was filed. After trial the accused were convicted and sentenced as detailed hereinabove. Hence these appeals.