SHAMBU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Challenging the conviction under Section 20 of Narcotics Drugs and Psychotropic Substances Act, 1985, and sentence of rigorous imprisonment for one year with fine of Rs.5000/-, and in default further rigorous imprisonment for three months, awarded for possessing 42.795 grams of charas, the convict (appellant herein) has come up before this Court by filing the present criminal appeal.

(2.) The gist of the prosecution case, apposite to arrive at a just conclusion, traces its origin to a daily diary number 14, dated Wovember 22, 2005, entered in Police Post-Sanjauli, Shimla City, District Shimla, Himachal Pradesh. As reflected in the entry made in this diary (Exhibit PW-4/A), the police party, headed by the Investigating Officer ASI Jai Gopal (PW-10), and accompanied by Head Constable Rajinder Singh (PW-8), Constable Gian Chand (PW-5), Constable Kalam Singh (not examined), proceeded towards Sanjauli to detect crime.

(3.) When the police party was present at Sanjauli Bazar, then at around 7 PM, ASI Jai Gopal (PW-10), received a secret information, from a reliable source, that a person named Shambu Ram, (Convict/Appellant), who has a dark complexion, is holding a purple color polythene packet in his hand, and is coming towards Sanjauli Chowk from the side of Dhalli tunnel. The information further revealed that this person trades in charas. The Investigating Officer (PW-10), believed this information to be reliable, and after that in compliance with the provisions of Section 42 (2) of the Narcotics Drugs and Psychotropic Substances Act, 1985, after now called as NDPS Act, wrote the prior information (Ex. PW 5/A), and sent the same to superior officer, through Constable Gyan Chand (PW-5).