SURENDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 9.8.2007 passed by learned Additional Sessions Judge, Sirmaur District at Nahan in Sessions Trial No. 5 -N/7 of 2003 whereby the appellants have been convicted for offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and each appellant has been sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 20,000 and in default of payment of fine each appellant shall further undergo imprisonment for a period of one year.

(2.) THE prosecution case, in brief, is that on the intervening night on 17/18.8.2002 at about 3.50 a.m. the appellants/accused were found in exclusive and conscious possession of 30 Kgs. poppy husk and 90 Kgs. poppy seeds at a distance of about 2 kilometers from Khajurna Bridge near Nahan. It has been alleged that on 17.8.2002 at about 7.15 p.m. PW -10 Inspector Kishan Singh, Incharge CIA Nahan, PW -6 HC Lajja Ram, PW -3 Constable Azam Ali, Constable Saleem Khan and Constable Suresh Kumar left for traffic checking on a Government Gypsy and two scooters. On 18.2.2002 at about 1.10 a.m. they reached Khajurna Bridge and laid a Naka and at that time a secret information was received that accused Surender Kumar along with another person indulge in smuggling of poppy husk to Haryana via Khajurna Bridge, both of them were smuggling the contraband on that night and if the informer was provided a vehicle he could get them apprehended along with the contraband. This information was reduced into writing Ext.PW -9/A under Section 42 of the Act and was sent to Superintendent of Police through PW -3 Azam Ali, he was also directed to arrange for a vehicle and bring the vehicle along with him. PW -3 Azam Ali brought the vehicle bearing No. HP -18 -4739 at about 2.30 a.m. which was driven by PW -1 Nitin Gupta. This vehicle was sent towards Paonta Sahib along with the informer and the Naka was laid on Saketi Road at a distance of about 2 Kilometers from Khajurna Bridge. At about 3.30 a.m. vehicle No. HP -18 -4739 came with two persons besides the driver. This vehicle was intercepted at the Naka and on inquiry the persons sitting in the vehicle disclosed their names as Surender Kumar and Ravi Kant, accused. The search of the vehicle was conducted and one jute bag, two plastic bags, one cement bag and one plastic bag were found in the vehicle. The consent memos Ext.PW -6/A, Ext.PW -6/B were obtained from the accused to search the aforesaid bags and thereafter the search of the bags was conducted. On search, 30 packets containing poppy husk which were packed in plastic bags were recovered from the jute bag and the poppy seeds were found in the remaining bags.

(3.) ON completion of investigation, challan was submitted and the case was committed on 13.3.2003. The charge was framed under Section 15 of the Act against both the accused who pleaded not guilty and claimed trial. The prosecution has examined 10 witnesses to bring home the charge and the statements of accused were recorded under Section 313 Cr.P.C. in which they denied the prosecution case. The accused were given chance to lead defence evidence but they did not lead any evidence in defence. However, it is the case of the accused that they are innocent and they have been falsely implicated in the case. The learned Additional Sessions Judge, after conclusion of the trial, convicted and sentenced both the accused, as noticed above, hence, this appeal by both the accused.