NAINU RAM Vs. STATE OF HP

JUDGEMENT

(1.) Since both these appeals arise out of the same judgment dated 9.10.2001 passed by the learned Sessions Judge, Kullu, in Sessions trial No. 20 of 2001, therefore, both these appeals are being disposed of by this common judgment.

(2.) Brief facts leading to the presentation of these appeals are as follows: The appellants/accused (hereafter referred to as the accused persons) were tried in the Court of the learned Sessions Judge, Kullu on a charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter referred to as the Act). The case of the prosecution against the accused persons is that on 10.11.2000 sub Inspector Sanjay Kumar, S.H.O. Police Station, Banjar (pw -6) accompanied by A.S.I. Dorje Ram (pw -4), HC Naresh Chand and Constables Baldev, Uttam Singh and Chitter Singh was on patrol/Nakabandi duty at a place two kilometers ahead of Siundh towards Neuli. At about 4.10 a.m. they noticed the accused persons on the road coming towards them. On seeing the police, the accused turned back and started running but were apprehended by PW -6 and the accompanying police officials. Enquiries were then made from them about their names and addresses which they disclosed. In view of the time, place and conduct of the accused, police party suspected them of being in possession of contraband or psychotropic substance. Therefore, to conduct their search constable Baldev Singh was sent to call for some local witness but in vain. Therefore, PW -6 in the presence of Dorje Ram (PW -4) and HC Naresh Chand informed the accused persons one by one verbally as well as in writing that it was apprehended that they were carrying some contraband or psychotropic substance, therefore, their search was necessary. They were given option as to whether they would like to be searched before some Gazetted Officers or a Magistrate or by the police verbally as well as in writing agreed to give their search to the police party present on the spot vide Memoes Exts.PW -4/A, PW -4/B and PW -4/C. Therefore, PW -6 gave his search to all the accused one after the other vide Memoes Exts. PW -4/D, PW -4/F. Then search of the accused persons was conducted. First of all search of accused Naresh was conducted. From the pocket of raxine Jacket, which accused Naresh was wearing, a polythene packet containing one kilogram of Charas was recovered. Out of the recovered Charas three samples of 25 grams each were taken. The samples, so taken and the bulk Charas. were then separately packed and sealed with seal » T and NCB Form in Triplicate were filled in. Regarding recovery and seizure of the Charas Memo Ext. PW -4/G was prepared. Thereafter, person of Anil Kumar accused was searched. 700 Grams of Charas kept in a polythene packet under his Sweater was. recovered. Three samples of 25 Grams each were taken out of the recovered Charas. The samples, so taken and the bulk Charas, were made into separate packets and were sealed with Seal T and NCB Forms in Triplicate were filled in. The Memo regarding this recovery and seizure is Ext. PW -4/H. Lastly, personal search pf Nainu Ram accused was conducted. 500 Grams pf Charas in a polythene packet was recovered from the inner pocket of the Jacket, which the accused was wearing. Three samples of 25 Grams each were taken from the recovered Charas. The samples and the bulk Charas were thereafter sealed with Seal T and NCB Forms in Triplicate were filled in. The Memo Ext. PW -1/J was prepared about this recovery and seizure. After use Seal T used for sealing case property, was handed over to PW -4. The accused persons were then informed of the offences committed by them, punishment provided therefore and grounds of arrest vide memos Exts. PW -4/K, PW -4/L and PW -4/M. PW -6P prepared Ruka Ext. PW -6/A which was sent to Police Station. Banjar through Constable Uttam Singh (PW -5) on the basis of Ruka Ext. PW -6/A MHC Narain Singh (PW -3) registered F.I.R. Ext. PW -3/A at Police Station. Banjar, After registration of the case, case file was sent to the Investigating Officer through Constable Uttam Singh. Special report, copy whereof is Ext. PW -1/A, was sent to S.P. Office, Kullu through Constable Uttam Singh and was received by HC Sarswati (PW -1). The case property was deposited with MHC Narain Singh (PW -3) at Police Station, Banjar. On 12:12.2000, three sealed samples of the case property were sent to CTL Kandaghat for analysis through Constable Shyam Singh (PW -2). The samples were delivered at the Laboratory by PW -2. The reports regarding chemical analysis of the samples are Exts. PW -6/D, PW -6/E and PW -6/F. All the samples were found to be Charas. Therefore, the Officer In charge of the Police Station, Banjar submitted a charge sheet against the accused persons who came to be tried on a charge under Section 20 of the Act by the learned Sessions Judge, Kullu.

(3.) To prove its case, the prosecution examined six witnesses. Statements of the accused persons were recorded under Section 313 Cr. P.C. wherein they denied the prosecution case as a whole and claimed to be innocent. Accused did not lead defence evidence