HARJIT SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment dated 4.3.2006, passed by Learned Sessions Judge Solan, in Sessions Trial No. 15 -S/7 of 2005, whereby the appellant Harijit Singh has been convicted for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as ˜the Act, allegedly for keeping in his possession 5 kgs Charas and sentenced to undergo Rigorous Imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/ -; in default of payment of fine, to further undergo rigorous imprisonment for two years.

(2.) THE factual matrix of the case is that on 20th April, 2005, PW11 Inspector Gurdial Singh accompanied by Addl. SHO ASI Arjun Singh and other police officials was on patrolling duty at Bus Stand Parwanoo. Around 3.10 p.m., he briefed the officials to do random checking of the buses crossing that place. The first bus which came on the spot, from Shimla side was of Himachal Roadways Transport Corporation (HRTC), which was going to Ambala. Constable Davinder Kumar and Constable Ram Lal (PW1) entered the bus from the front door. In the meantime, the appellant who was carrying the bag Ex.P1 on his right shoulder gave a push to Constable Davinder Kumar got down and ran away towards Kalka. The police got suspicion; they followed and apprehended him at some distance.

(3.) ON conducting the search of the bag (Ex.P1) of the appellant, it was found containing Charas in a plastic packet, in the shape of wicks and balls. The weight of the recovered stuff was taken; it came out to be 5 Kgs., out of which two samples of 25 grams each were randomly drawn. The bulk and both the samples were sealed separately with seal impression ˜A in the presence of independent witnesses aforesaid. The seal impression was also taken on a piece of cloth Ex.PW11/A. NCB forms in triplicate were filled in, on the spot. Ex.PW11/C is one of such forms.