MANISH KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal stands directed by the accused/convict, against, the judgment rendered by the learned Special Judge-II, Chamba, upon, Sessions trial NDPS No. 24 of 2013, whereon, he returned findings of conviction, against, the accused/convict in respect of charges framed, under, Section 20 of the ND & PS Act AND consequently sentenced him, to, undergo two years' rigorous imprisonment AND to pay a fine of Rs. 5,000/- and in default, he was sentenced to undergo simple imprisonment for two months.

(2.) The facts relevant to decide the instant case are that on 15.7.2013, at about 5:15 PM HC Virender Singh (PW-14) alongwith Const. Mohd. Aslam, C. Ravinder Kumar (PW-10), C. Sanjay Kumar along with IP bag, electronic scale, private vehicle bearing registeration No. HP 48 9246, Govt. Camera were present near Udaipur rain shelter in connection with Nakkabandi. At about 5:30 PM, one HRTC bus ensroute Chamba to Shimla bearing registration No. HP-73-1189 came from the side of Chamba. The bus was signalled to stop. HC Virender Singh and Co. Mohd Aslam boarded the bus from rear door of the bus and C. Ravinder Kumar (PW-10) and C. Sanjay Kumar boarded the bus from the front door for checking the luggage and passengers of the bus. When HC Virender Singh boarded the bus from rear door, the accused was standing on the rear door of the bus having a Pithu bag on his back and he tried to hide the same underneath the seat. On his conduct, a suspicion was raised that the accused might be carrying some suspicious article with him. The accused was asked to step down from the bus alongwith Sandeep Kumar and Subhash Kumar. Thereafter the credential of the accused was asked. On which the accused disclosed his name as Manish Kumar. The accused was apprised that the police has suspicion that he might be carrying some suspicious article or contraband and his search is required to be taken. The accused was also apprised about his legal right to be searched in the presence of Magistrate or Gazetted Officer. The accused showed his willingness to give the search of accused before some senior office. To that effect, consent memo Ext. PW9/A was prepared, which was signed by accused and by HC Deepak and Subhash Kumar. HC Virender Singh (PW-14) telephonically informed the then S.P. Sh.B.M. Sharma about the apprehension and willingness of the accused to be searched before some senior officer. The then S.P. asked HC Virender Singh to keep the spot intact and told HC Virender Singh that he was coming to the spot. After some time, the then SP B.M. Sharma, came to the spot. Thereafter, the then S.P. directed HC Virender Singh to bring the accused and witnesses to the open space adjacent to the spot. Thereafter, the then SP, the police official present at the spot and the witnesses Subhash (PW-7) gave their personal search to the accused before taking the search of bag of accused. To that effect, memo Ext. PW9/B was prepared which was signed by HC Deepak. Sh. Subhash and Sh. Sandeep. Thereafter, as per the direction ofl the then S.P. HC Virender Singh put the Pithu bag of the accused on the ground which was locked. They key of the lock was procured from the accused and the lock of the Pithu bag was opened. On opening the zip of the Pithu bag one white coloured polythene bag came out. On opening the white coloured polythene bag a black coloured hard substance in the shape of sticks and bundle of sticks came out. On checking the black coloured hard substance the same was found to be cannabis/charas.

(3.) On conclusion of investigations, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court concerned.