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15. Coming to the factual matrix of the case. In order to corroborate its case, the prosecution has examined PW-10 HC Virender Singh, Investigating Officer of the case. He stated that he was posted as 15 2025:HHC:42172 ) Investigating Officer in SIU, Chamba since January, 2013. On 12-4-2014, he alongwith Constables Yog .

Raj, Sunil Kumar and Bharat Bhushan, laid a nakka at place Koti and to this effect a rapat Ex. PW-10/A was entered. He was present there with I.O. bag of containing electronic scale and official camera. They were checking the vehicles in a routine manner. At rt about 9.25 a.m. in the morning, a private bus in the name of Sahil bus service bearing No.HP 73A-1316 came from Chanwas to Chamba and was signaled to stop. While checking the said bus, they reached near seat No.30 where a person holding a leather bag in his lap was sitting, who on seeing the police got perplexed. On the basis of the suspicion, driver and conductor who was sitting on seat No.41, were called near seat No.30. The person was interrogated and thereafter he disclosed his name Govind Ram son of Sh. Hoshiar Singh, r/o village Bhaluie Tehsil Churah, Distt. Chamba, HP. On the basis of the suspicion when 16 2025:HHC:42172 ) the bag of the accused person was opened, a grey coloured shawl, concealing black coloured bag was .

to the MHC of Police Station.

16. In the cross examination, PW 10 stated that he proceeded from the Police Station, SIU, Chamba at of about 7:30 a.m. He checked 5-6 vehicles at the spot.

He signalled the bus to stop. From the front door of rt the window, Constable Bharat Bhushan and Constable Yog Raj boarded the bus and he alongwith Constable Sunil Kumar boarded the bus from the back door. The bus was having 41-42 seating capacity, but in the bus there were only 9-10 passengers. PW 10 stated that he searched all the passengers in the bus but except the accused no other passengers were holding their luggage in their laps and it took hardly ten minutes to check the entire bus. He further stated that seat No.31 of the bus was vacant and seat No.29 of the bus was also vacant. He checked the bags of the passengers.

PW-8/A, there is no reference of seizure memo. He stated that he did not know when the case property was sent to FSL Junga. He did not remember what 20 2025:HHC:42172 ) date was written in the special report pertaining to sending the case property to FSL, Junga.

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17. Constable Yog Raj was examined as PW-1 by the prosecution. He stated that he was posted as General Duty Constable in SIU, Chamba from the of month, Jan 2013 On 12-4-2014, he alongwith C. Sunil Kumar, C. Bharat Bhushan and HC Varinder Singh IO rt of the case alongwith Govt. camera, IO kit proceeded to Behi Bag. At about 9.25 a.m. when they were checking the vehicles on the spot, a private bus in the name 'Sahil Bus Service' bearing No. H.P 73-A-1316 came from Dhanwas to Chamba. The bus was stopped for checking. The police officials boarded into the bus for checking of the passengers and their luggage.

18. In the cross examination, PW-1 stated that he got recorded his statement under Section 161 Cr. P. C to the I.O. that he proceeded to Behi at 9.25 a.m from SIU, Chamba. He stated that bus reached on 23 2025:HHC:42172 ) the spot at 9.25 a.m., and prior to reaching of the bus, they had checked about 5 vehicles. The bus was .

signalled to stop by HC Varinder Singh and at that time 9-10 passengers were traveling in the bus. He stated that from the front door of the bus HC of Varinder Singh and H.C Sunil Kumar boarded the bus and he and Constable Bharat Bhushan boarded the rt bus from its rear side door. He stated that he had carried out the checking of all articles of the passengers at that time and when they came to know that the bag contained some contraband, then Investigating Officer started interrogating the accused and after that they had weighed the Charas.