BALI RAM Vs. STATE OF H. P.

JUDGEMENT

(1.) Since, both Cr. Appeal No. 577 of 2019, and, Cr. Appeal No. 588 of 2019, are, directed against a common verdict, hence, rendered on 23.7.2019, upon, Session Trial No. 10 of 2016, by the learned Special Judge (1) Mandi, District Mandi, H.P., wherethrough, vis-a-vis, a charge(s) drawn under Section 20, of, the Narcotic Drugs, and, Psychotropic Substances Act, 1985, against, (one Bali Ram, and, against one Tharwan Lal), both through the afore common verdict, become convicted, thereupon both the afore appeals, are amenable, for, a common verdict becoming rendered thereon.

(2.) In pursuance to both the afore accused becoming convicted, for, the afore drawn charges, they became hence sentenced, to, undergo rigorous imprisonment, extending upto 10 years, and, also both became imposed, a, fine of Rs. 1,00,000/- each, and, in default(s) of payment of fine, both the convicts, were directed, to, further undergo simple imprisonment extendable upto a period of one year each. The period of detention undergone by both, during investigation(s), and, trial of case, was ordered to be set off, from, the afore imposed sentences, of imprisonment upon both, the afore accused, also obviously, upon, theirs becoming aggrieved, from the afore imposed sentences, upon them, hence they cast challenge thereon(s), through theirs instituting the afore appeals, before this Court.

(3.) The police party, during the course of theirs performing the duty of checking traffic, on 4.12.2015, at place Nagchala, National Highway-21, hence in front of Panchayat Ghar, ingressed into bus, bearing registration No. PB-12-Q-9965, for, carrying inspections thereof. The passengers, as, borne thereon, were, for facilitating the checking(s), of, the afore bus, hence, asked to keep their luggage with them. However, during course thereof, PW-12, noticed that one rucksack bag, of, red, and, gray colour, hence occurring above seat Nos. 37 and 38, rather remaining un-picked, by any of the passengers, sitting inside the bus. He also noticed that, on seat No. 37, and, on seat No. 38, one Bali Ram, and, one Tharwan Lal, hence sitting, under the rack, and, on seeing the police, theirs becoming perplexed, hence arousing suspicion, of, the police party, (a) whereupon they were asked, about theirs holding knowledge, vis-a-vis, their respective inter-se identities, and, upon theirs feigning knowledge, vis-a-vis, their respective identities, hence constraining the Conductor of the bus, namely Harpreet Singh, PW-7, to, disclose to the police officials, qua, theirs traveling, under, a common ticket. Consequently, the afore factum aroused further suspicion, of the police, and, both the accused, were asked to alight the bus, and, were taken to near Panchayat Bhawan, hence occurring in the vicinity, of, the site of occurrence, and upon search being made, of, bag Ext. P-7, by the Investigating Officer, the latter through memo borne in Ext. PW-7/B, hence therethrough, effectuated recovery of, the, therewithin carried charas, weighing 2 kg, 520g. Both the accused appended their signatures upon Ext. PW-7/B, and, also thereon(s), the two associated thereto independent witnesses, appended their respective signatures. Since the recovery of contraband, borne in Ext. P-8, was, not effectuated, from any personal search(s), of any accused, being made by the Investigating Officer concerned, and, rather when the recovery of contraband, borne in Ext. P-8, became effectuated, in the afore alluded manner, thereupon no mandatory statutory obligation became cast hence upon, the Investigating Officer concerned to, prior thereto, seek the consent, of, the accused, for their personal search(s), being made by him. Moreover through Ext. PW-7/B, Ext. P-3 Adhar Card, and, Ext. P-4, Voter Card, respectively appertaining to accused No.1, and, to accused No. 2, became effectuated, from the afore red colour bag, as, borne in Ext. PW-7/B. Also a reading of Ext. PW-7/B discloses, vis-a-vis, subsequent to the recovery therefrom, of, contraband, hence weighing 2.520g, becoming effectuated, the afore recovered contraband becaming re-packed, in the same cloth bag, and, thereafter it became put into the same rucksack bag, and, became sealed in a separate cloth parcel, whereons 14 seal impressions, each carrying thereins, english alphabet V , became embossed. PW-12, at the site of seizure, also filled up NCB form, borne in Ext. PW-1/E, whereins occur reflections hence carrying graphic analogity with the afore reflections, as cast in Ext. PW7/B. Further, through Ext. PW-7/B, the recovery, of, the Identity Card, and, of, the Aadhar Card, of, both accused, and, borne respectively, in, Ext. P-3, and, Ext. P-4, became effectuated, and, hence constrained the Investigating Officer, to, insert, both, in, a cloth parcel, and, thereons 6 seal impressions, each carrying english alphabet V , became embossed. Consonant therewith, formal FIR, as became registered with the police station concerned, is, comprised in Ext. PW-1/B.