ROHTASH AND ANOTHER Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal, is, directed by the convicts/ accused/appellants, against, the pronouncement made by the learned Special Judge, Kullu, District Kullu, H.P., upon, Sessions Trial No.01/2013, whereunder, he convicted, besides imposed consequent therewith sentence, upon, the convicts/accused/appellants, for theirs committing, an offence, punishable under Section 20(b) (ii) (B), of , the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the "Act").

(2.) The facts relevant to decide the instant case are that 19.10.2012, as per Rapat, Ex.PW7/D, a police party headed by ASI Dheeraj Singh, HC Krishan Lal and, HHC Jinesh Kumar was on patrolling and traffic checking duty at Temporary Police Barrier, Bajaura. At about 9.00 a.m., the police party stopped a bus bearing registration No. HP-65-3381 of Anjali Bus Service, enroute from Kullu to Mandi, for checking. Its driver, Chet Ram and conductor Lekh Raj and HC Kirshan Lal were associated as witnesses. When ASI Dheeraj Singh reached near seat Nos. 30 and 31, he found two persons were sitting on these seats. One inquiry, one person disclosed his name as Rohtash and another Narender. These persons were found keeping a carry bag concealed with their legs. Their activities raised suspicion in the mind of the IO. On asking, they could not give any satisfactory answer. On checking of bag having inscription Gautam Footwear, Patlikuhal, Charas in the shape of sticks, pancakes and rectangular packed in a transparent polythene packet was found in the bag. Charas so recovered was weighed with the help of electronic scale and was found to be 700 grams. The recovered charas was repacked in the same manner and was sealed in a cloth parcel with six seals of seal impression "T". Sample seal was drawn separately. NCB-1 form was filled in. Seal, after its use, was handed over to driver Chet Ram. The case property was taken into possession. Thereafter, IO prepared rukka and sent the same to the Police Station, Bhunter, through HC Krishan for registration of the case, on the basis of which FIR was registered by SI Lal Chand, who on the registration of the FIR, made endorsement on the rukka and handed over the case file to HC Krishan Lal with the direction to take the same to the Investigating Officer at the spot. Site plan was also prepared by the IO and statements of the witnesses were recorded as per their versions. The accused persons were apprised about the offence committed and grounds of their arrest. Information of arrest was given to the brother of accused Rohtash. Their personal search was conducted at the spot by the IO and memos were also prepared. On completion of the proceedings at the spot accused along with case property were brought to police station, Bhunter. In Police station, accused persons along with the case property were produced before SI Lal Chand, who resealed the parcel of case property with three seals of "O" and he also filled the relevant columns of NCB form and drew sample of seal "o". The case property along with sample seal and other relevant documents was deposited with MHC Tara Chand, and, he made the necessary entries in the Register. The Investigation Officer, on the next day, prepared Special report an submitted the same before Dy. S.P., Sh. Pankaj Sharma. On 14.11.2012, the owner of the bus, Rajesh Kumar handed over copies of the documents, i.e. R.C. and permit of his bus to the IPC in the presence of PW-2 and those were taken into possession vide memo Ex.PW2/D. As per the record of the FSL, the contents of the samples were found to be of charas.

(3.) On conclusion of the investigation, into the offence, allegedly committed by the accused, a report, under Section 173 of the Code of Criminal Procedure, was prepared, and, filed before the learned trial Court.