RAJESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 40,000/ -, in default of payment of fine to further undergo imprisonment for a period of one years allegedly found in his possession 18 kg and 500 grams of poppy husk.

(2.) IN brief, the prosecution story is that on 11.1.2004, PW9 Sub Inspector Balbir Singh along with PW3 Head Constable Ranjit Singh and PW4 Constable Rajesh Kumar were on patrol duty and at about 3.30 p.m. laid a Naka near a place known as Jagat Khana -. The appellant was coming from Rajpura side carrying a gunny bag on his head. On seeing the Police Naka party, he tried to escape but the police officials overpowered him. PW1 Surinder Singh and PW2 Gurnam Singh also came on the spot in the mean time and they were also associated in the investigation of the case. The appellant was asked in their presence as to what was contained in his gunny bag. Appellant replied that it was floor but the police conducted the search of the gunny bag and it found to contain nineteen polythene packets containing poppy husk -. The scale of weights and measures were arranged from the nearby shop of one Arjun Singh. On weighing, eighteen polythene packets were of one kg. each and 19th packet was found having contained 500 grams of 'poppy husk, thus the total 'poppy husk was 18.500 kgms recovered from the gunny bag in possession of the appellant. As per the case of the prosecution, the entire 'poppy husk was put in the gunny bag and two samples each weighing 250 grams were drawn from the recovered stuff which was sealed in two separate parcels with seal impression which produced the English letter 'H and the remaining bulk was also seamed in the same gunny bag and the seal impression was taken separately on a piece of cloth Exhibit PA. The case property was taken into possession vide memo Exhibit PB. A Ruka Exhibit PD was prepared and sent for the registration of the case to Police Station, Nalagarh through PW4 Constable Rajesh Kumar on the basis of which F.I.R. Exhibit PW6/A was formally registered by PW6 Sohan Lal, Additional S.H.O. PW9 Balbir Singh S.I. prepared the NCB Forms in triplicate one of which is Exhibit PW6/E. He also prepared the site plan Exhibit PW9/A. The appellant was arrested and he was informed about the grounds of arrest. The case property and the appellant was produced before additional S.H.O. PW6 Sohan Lal on the same day at 7.20 p.m. The case property was re -sealed by him with seal impression 'T. To this effect, he prepared the memo Exhibit PW6/C. The case property along with the sample of seal and connected documents were deposited with PW7 MHC Kamal Nain.

(3.) THE appellant was charge -sheeted. He pleaded not guilty and claimed trial. The prosecution examined its witnesses to prove the charge. The statement of the accused was also recorded under Section 313 of the Code of Criminal Procedure. He pleaded his innocence and denied the circumstances which were found attendant upon him. The appellant did not lead any evidence in defense. At the end of the trial, learned Additional Sessions Judge, Solan found him guilty and thus convicted and sentenced the appellant as aforesaid.