CHOTTU RAM Vs. STATE OF H P

JUDGEMENT

(1.) Appellant has challenged his conviction and sentence passed by the learned trial Court in case RBT No. 23-AR/3 of 2009/2010, on 19.3.2011, whereby he has been convicted for the offence punishable under Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, in short 'the Act', and sentenced him to undergo rigorous imprisonment for a period of 5 years and to pay a fine of 50,000/- with default clause and also to pay a fine under Section 192 of the Motor Vehicles Act, for not having in his possession the Registration Certificate, Insurance and Driving Licence. The vehicle of the Appellant was also ordered to be confiscated to the State or as dealt with as per the law.

(2.) Precisely, the prosecution case as emerges from the prosecution evidence can be stated thus. On 20.2.2009, a police party headed by PW8 S.I. Gurbachan Singh was on patrolling duty in their official vehicle No. HP-34A-8833, being driven by HHC Babu Ram. At about 9 p.m., they were present at Tuman Mor and noticed a Pick-up bearing registration No. CH-23-5653 driven by the Appellant, hereinafter referred to as 'the accused', coming from the side of village Swad. It was stopped. Police demanded the documents of the vehicle, the accused got nervous and they entertained suspicion that the accused might be having some contraband in his possession. Since it was an isolated place and dark, it was not possible to obtain the warrants and to associate independent witnesses during the odd hours, as such, the immediate superior officer was informed about the same on telephone. The accused was given an option in terms of Section 50 of the Act apprising his right to be searched in the presence of a Magistrate or Gazetted Officer, but in turn, the accused opted to be searched by the police present there and made an endorsement on memo Ext.PW1/A. Thereafter all the members of the patrolling party gave their personal search to the accused, but nothing incriminating was found from any of them. To this effect, memo Ext.PW1/B was executed.

(3.) After completing the investigation, challan was presented against the accused for his trial. He was accordingly charge-sheeted, to which he pleaded not guilty and claimed trial.