STATE OF HIMACHAL PRADESH Vs. RATTI RAM

JUDGEMENT

(1.) For an offence which is alleged to have been committed on 17.1.1992, accused was put to trial. In terms of judgment dated 30.4.1992 passed by learned Additional Sessions Judge, Sirmaur District at Nahan, H.P., in Sessions trial No. 1-NS/7 of 1992, titled as State of H.P. vs. Ratti Ram, the accused stands acquitted of the charged offence.

(2.) As per the case of the prosecution on 17.1.1992 at about 8 a.m., HC. Dhani Ram (PW-8) alongwith C. Bir Chand (PW-4) and C. Dayal Chand were present at Bhojnagar Chowk. Accused Ratti Ram was seen coming from the side of Johardji. On the basis of suspicion, he was stopped by the police. Suspicion arose in view of the fact that the accused was carrying something under his "Loia" (woolen overcoat) which he was wearing and seeing the police tried to hurriedly run away from the spot. Two witnesses Gulab Singh (PW-1) and Shiv Naryan (PW-2) were called. Accused was given an option to get himself searched in the presence of Magistrate or gazetted officer or by the police officer vide notice Ext.PW-1/B. Accused agreed to be searched by PW-8. Accused was searched. Under "Loia" he was carrying a bag on his shoulder. In the bag there was a polythene bag from which a packet containing Charas like substance was found. It was in the shape of 28 big and 25 small balls. Weighing scales were brought from the shop of PW-1 and upon weighing contraband substance was found to be 900 gms. Two samples of 50 gms. each were prepared and sealed with four seals of Seal Mark `A'. Remaining stuff was wrapped in a separate parcel which was also sealed with Seal `A' and all parcels were taken into possession vide memo (Ext.PW-1/A), witnessed by PW-1 and PW-2. PW-8 prepared Rukka (Ext.PW-4/A) on the spot and sent it through PW-4 to the Police Station, Parwanoo for registration of the case, where FIR (Ext.PW-7/A) dated 17.1.1992 was recorded by Constable Naresh Kumar under instructions of SHO Varinder Singh (PW-7). PW-4 took the file back to the Police Post at Bhojnagar and proceedings at the spot were completed. Special report (Ext.PW-6/A) was sent by PW-8 through PW-4 to the Police Station for onward forwarding to appropriate authority. Site plan (Ext.PW-8/A) was prepared at the spot. PW-8 deposited the sealed samples/parcels at Police Station Parwanoo where PW-7, resealed the same with Seal `H'. Sealed sample was sent through C. Vinod Kumar (PW-5) to the Chemical Testing Laboratory, Kandaghat. Report (Ext.PW-7/A) showed that contraband substance was Charas. Statement of witnesses were recorded and with the completion of investigation challan was presented in the Court.

(3.) Accused was charged for having committed an offence under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985, to which he did not plead guilty and claimed trial.