HEM RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant has filed the present appeal against the judgment dated 16.11.2011 of the learned Special Judge, Kullu in Sessions Trial No. 89 of 2009 whereby the appellant, who was charged with and tried for offence punishable, under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been convicted to undergo rigorous imprisonment for three years and to pay fine of Rs. 40,000/ - and in default of payment of fine, he was directed to further undergo simple imprisonment for six months.

(2.) CASE of the prosecution, in a nutshell, is that on 11.8.2009, police party consisting of ASI Rajiv Kumar, HC Roop Singh, PW -6 HHC Kashmi Ram, ASI Kesar Singh and LHC Baldev Singh proceeded for patrolling in Ramshila, left bank road, Talogi and Jia in official vehicle. The police party noticed the appellant coming from Jia side carrying a rucksack on his back. The appellant tried to escape. However, he was apprehended. The name and address of the appellant was ascertained. The Investigating Officer apprised the appellant about his suspicion and also apprised him that he has legal right to be searched either before a Gazetted Officer or Magistrate, including the bag being carried by him. The appellant offered to give his personal search and that of the bag to the police on the spot vide memo Ex.PW -6/A. The Inquiry Officer also gave his personal search in the presence of witnesses vide memo Ex.PW -6/B. PW -7 ASI Rajiv Kumar conducted the search of the cream coloured bag of the appellant. The jacket containing black polythene envelope having words ˜Man Bhawan Store' in which another transparent polythene envelope having word ˜Shalimar' printed on it was found containing stick shaped black substance -Charas. It weighed 1.300 kilograms. Envelops containing charas were put in the rucksack. It was put in a cloth parcel and parcel was sealed with seal ˜T' at seven places and other articles were put in separate parcel. NCB forms in triplicate Ex.PW -1/A were filled. The case property was taken into possession vide memo Ex.PW -6/D. The Investigating Officer thereafter sent ruka Ex.PW -7/A to Police Station, Kullu through PW -6 HHC Kashmi Ram for registration of FIR. FIR Ex.PW -3/A was registered by PW -3 Inspector Prem Dass. The Investigating Officer also prepared the spot map. He recorded the statements of the witnesses. The appellant was arrested vide memo Ex.PW -6/E. The Investigating Officer produced the case property and appellant before PW -3 Inspector Prem Dass. He resealed the parcels Ex.P -1 and P -2 with seal ˜M' at seven places and facsimile of seal ˜M' was drawn on cloth pieces. He also filled relevant columns of NCB -I in triplicate. He deposited the case property with PW -1 MHC Ram Krishan. It was duly entered by PW1 Ram Krishan in Malkhana register at Sr. No. 165. PW -2 HHC Tek Singh deposited the case property with F.S.L. Junga vide receipt Ex.PW -1/B. The Investigating Officer also prepared special report Ex.PW - 4/A and submitted before the Additional S.P., Kullu. The Additional S.P. after making endorsement Ex.PW -4/B handed over the same to the Reader. PW -4 HC Nirat Singh entered the same on the relevant register at Sr. No. 56 vide Ex.PW -4/C. The F.S.L report is Ex.PA. According to the report, the sample was Charas and the quantity of resin was 29.22% w/w. The Station House Officer presented the challan under section 173 of the Code of Criminal Procedure before the competent court. The statement of appellant was also recorded under section 313 of the Code of Criminal Procedure. According to him, no recovery of Charas was effected from him. He was innocent and has been implicated falsely. The trial court convicted the appellant, as noticed above.

(3.) MR . Vikas Rathore, learned Deputy Advocate General has supported the judgment dated 16.11.2011.