SACHIN AND ANOTHER Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Aggrieved by the framing of charges under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short 'Act') by the learned Special Judge-II, Mandi, on 03.07.2018, the petitioners have filed the instant revision petition.

(2.) The story of the prosecution, in brief, is that on 13.10.2017, Inspector/SHO Sunil Kumar, Police Station, Sadar, along with police officials of Police Station, Sadar, conducted 'nakabandi' at Sukki Baain, District Mandi. During 'nakabandi' at about 11.50 a.m., a Safari Storm bearing RC No. HR 10U-4794 came from Pandoh towards Mandi and the police team made a signal to stop the said vehicle for checking and during checking of vehicle four persons were found sitting there in the vehicle namely Sunil Kumar son of Sh. Sultan, R/o Village Salimsar Mazra, Post Office Bhatgaon, Tehsil and District Sonipat, Haryana, age 35 years(Owner/Driver of the vehicle), Rohtash son of Sh. Ved Singh, R/o VPO Rajpura, Tehsil Gannaur, District Sonipat, Haryana, age 33 years, Yoginder son of Sh. Shyam Lal, R/o VPO Dingal, Tehsil Beri, District Juhhjar, Haryana, age 22 years and Sachin son of Sh. Surender Singh, R/o VPO Baland, Tehsil and District Rohtak, Haryana, age 23 years. During inquiry, above mentioned persons were enquired, but they did not respond properly and it was suspected that there was something illegal object in the said vehicle and during checking of vehicle, one parcel was found in the trunk (Dicky) of vehicle which contains 661 grams cannabis and another parcel was found from the luggage of Rohtash where 568 grams cannabis was found, the total weight of cannabis was found 1Kg 229 grams after weighing it on electronic weighing machine.

(3.) During the course of inquiry, necessary legal formalities were fulfilled and all the above four persons Sunil Kumar son of Sh. Sultan, Rohtash son of Sh. Ved Singh, Yoginder son of Sh. Shyam Lal and Sachin son of Sh. Surender Singh, were arrested by the local police for having conscious and exclusive possession of 1Kg 229 grams cannabis which was recovered from the said vehicle while they were travelling a vehicle bearing RC No. HR 10U-4794. On this, a case FIR No. 275/2017 dated 13.10.2017 under Sections 20 and 29 of ND& PS Act was registered at Police Station, Sadar, against the above mentioned persons which were found transporting 1Kg 229 grams cannabis and all accused were having the knowledge of presence of cannabis in the vehicle.