STATE OF H P Vs. JINIA CHANGMAI

JUDGEMENT

(1.) Judgment dated 4.7.2018 passed by learned Special Judge-II, (Additional Sessions Judge), Kullu, in Sessions Trial No.01 of 2016 is under challenge in the present appeal.

(2.) On the previous date, record of the case was requisitioned from learned trial Court. The same has since been received. A perusal of the record reveals that the accused, 24 years of age, belonging to Namrup, Sector 6, District Dibrugarh, Assam was intercepted on 28.10.2015 by the Police of Police Station Bhunter, District Kullu at Traffic Checking Post (TCP), Bajaura. PW-9 HC Sunil Kumar, HC Vinay, LHC Vinay Kumar and Constable Urmila Thakur were on duty at the Check Post. The police party stopped the Volvo Bus bearing No.UP-22-T3431 of Anmol Bus Service, which was on its way to Delhi from Manali, for checking. The bus was being driven by Mr. Pankaj Rana and its conductor was Abdul Khan. They both were associated and the Police party started conducting checking of the bus. When PW-9 and PW-1 Urmila Thakur reached at seat No.11 found that the accused is occupying the said seat. On inquiry she disclosed her name and other antecedents. A black coloured rucksack kept by her on lap was taken from her. It was checked by PW-1 Lady Constable Urmila Thakur in the presence of PW-9 HC Sunil Kumar. In middle portion of the rucksack, apart from the towel and T-Shirt, one Knicker of Jean was recovered. In the pockets of the Knicker two packets were recovered, in which black coloured substance (Ex.P-5) in round shape wrapped in transparent polythene was recovered. On checking the same it was found charas. It was weighed and found to be 135 grams. After observing sampling and sealing process, the recovered charas was taken into possession vide seizure Memo Ex.PW-1/B. Rukka Ex.PW-9/A was prepared by PW-9 HC Sunil Kumar, on the basis of which FIR Ex.PW-9/B was registered in the Police Station. The accused was arrested and information of her arrest given to her friend Ms. Divya Gupta. The I.O. PW-9 had recorded the statements of the witnesses and also prepared spot map Ex.PW-9/F. The accused was brought to Police Station along with charas recovered from her. After resorting to resealing process the parcel containing the recovered charas, was handed over to PW-5 HC Gian Chand, the then MHC, Police Station, Bhunter. The said witness has entered the parcel containing the recovered charas in the Malkhana Register, the extract whereof is Ex.PW-5/B. The case property later on was forwarded to Forensic Science Laboratory for testing. After testing the same it was found charas. The report of chemical examiner is Ex.PW-9/H.

(3.) On completion of the investigation, the Police has prepared the challan and filed the same in the Court. Learned Special Judge on going through the challan and documents annexed thereto and finding a prima facie case for the commission of the offence punishable under Section 20 of the NDPS Act having been made out against the accused, framed charge against her accordingly. She, however, not pleaded guilty and claimed trial.