STATE OF H.P. Vs. IVANO DALBO IVANO

JUDGEMENT

(1.) THE state has made the challenge to the acquittal of the respondent, passed by the learned Special Judge (Fast Tract) Kullu, in Sessions trial No.30 of 2007, decided on 12.11.2007 under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985, in short ˜the Act for allegedly found in possession of 250 grams of Charas - in his bag Ex.P3 while traveling in a HRTC bus.

(2.) THE factual matrix of the case can be stated thus. On 19.12.2006, HC Bhagat Ram was present at the forest check post Bajaura alongwith HC Harbans Singh, HC Narayan Singh and C. Sanjay Kumar, in connection with the patrol duty and naka -bandi. Around 6.45 p.m., HRTC bus bearing registration No.HP34 -5117 came from Kullu side, which was at its way to Delhi. HC Bhagat Ram Signaled and its driver stopped the bus. HC Bhagat Ram alongwith the police party entered inside the bus to check the luggage of the passengers. He found the respondent occupying seat No.8 of the bus with a bag clinched in his legs. The respondent, on demand handed over the bag Ex.P3 to the said head constable. On checking the bag, it was found containing one pair each of woolen socks and gloves and a cap alongwith one small torch in one portion. When HC Bhagat Ram opened its outer pocket, he recovered Charas - kept in a polythene envelope. The identity of the respondent was asked. He disclosed his name and address. He was an Itallian National. He also handed over his Pass -port to the police, which was found valid.

(3.) THE recovered stuff was weighed and it was found to be 250 grams. HC Bhagat Ram drew two samples of 25 grams from it and each of the sample parcels were sealed separately and the remaining Charas - was also sealed separately with same seal producing English letter ˜A. The sample of seal was also taken on a piece of cloth Ex.PN.