RAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These two appeals are directed against the judgement of the learned Special Judge (Additional Sessions Judge), Mandi dated 29.06.2006 whereby he convicted the accused of having committed an offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act) and sentenced each of the accused to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1,00,000.00 each and in default of payment of fine to undergo further rigorous imprisonment for two years.

(2.) The prosecution story briefly stated is that on 28.02.2005 a police party headed by PW-11 ASI Mohan Lal and comprising of HC Gopal Singh, HC Dheeraj Singh, HHC Mani Ram, PW-10 Constable Anoop Kumar was on patrol duty. They laid a Nakka at Katlog where they associated two independent witnesses, PW-8 Prem Kumar and PW-1 Khem Singh. At about 9.30 a.m one Tata Spacio vehicle bearing registration No. HP-01-M- 3803 came from Janjehali side. A signal was given for the vehicle to stop. The vehicle was being driven by accused Sidhu Ram one of the accused. Six persons were sitting in the vehicle. Ram Chand, his wife and two children were sitting in the front bench of the vehicle along-with the driver. Accused Ram Singh and another lady were sitting in the rear seat of the vehicle. Ram Singh had kept a bag on his lap. PW-11 ASI Mohan Lal asked the driver to give the documents of the vehicle. The driver looked towards Ram Singh and then Ram Singh kept the bag on the seat, alighted from the vehicle and started running towards Mandi side. However, accused Ram Singh was immediately apprehended by PW-11 and other police officials. The accused were interrogated and disclosed their names and addresses. The vehicle belonged to Ram Singh though it was registered in the name of his wife Shamkali.

(3.) Ram Chand and his wife informed PW-11 that they are running a general merchandise shop at Jogindernagar and had hired the vehicle to go to Mandi to purchase articles for their shop. When they reached Mandi accused persons told them that they were having some personal work at Janjehali and then the vehicle was taken towards Janjehali side. According to PW-11 one day prior to the occurrence the vehicle was driven to village Chiuni where Ram Chand and his wife Kamla and children stayed in the vehicle whereas Sidhu Ram and Ram Singh accused went away from the vehicle and returned at about 4.00 a.m with a bag. This was the same bag which was recovered from the vehicle.