RAMESHWAR SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant has filed the appeal, challenging judgment/order dtd. 24/11/2016/3/12/2016, passed by learned Special Judge(II), Shimla, Himachal Pradesh, in Sessions Trial No.21-s/7 of 2016, titled as State of Himachal Pradesh vs. Rameshwar Sharma, whereby appellant was convicted and sentenced as under:- <FRM>JUDGEMENT_161_LAWS(HPH)9_2022_1.html</FRM>

(2.) Facts of the present case, in brief, are that on 31/1/2016, Police party headed by ASI Het Ram alongwith other Police officials were present near Uttam Gas Service at NH-22. At about 9:30 p.m, the Police party noticed a person coming from Vijaynagar side. On noticing Police party, the said person turned back and tried to run away. The said person was carrying a black coloured rucksack on his shoulders. Police officials apprehended the said person and on inquiry he disclosed his name as Rameshwar Sharma. Police party suspected that the accused was in possession of some stolen articles. Since it was night time and no independent person was available at the spot, the bag carried by the accused was checked by the Police officials. On checking the bag, it transpired that it contained a red coloured carry bag and inside the said bag, there was a transparent poly packet. On opening the packet, it was found that it contained black coloured substance in the shape of balls and sticks. The Police officials, after smelling, discovered that the recovered substance was Charas. On weighment, the contraband came to be 2.200 Kg. The recovered substance was placed in the same poly packet and the poly packet was placed inside the red coloured carry bag and the carry bag was put inside the black coloured rucksack. The said bag was further made into a cloth sealed parcel with seal bearing impression 'R'. Specimen seal impression was prepared by the Investigating Officer. NCB form was filled up in triplicate. Seal impression was also affixed on the NCB form. The contraband was taken into possession. Rukka was sent for registration of the case and on the basis of the same, formal FIR No.1 dtd. 31/1/2016 was registered at Women Police Station, Shimla, District Shimla. Memo of arrest was prepared. Site plan was also prepared by the Investigating Officer.

(3.) After completion of proceedings at the spot, accused alongwith case property was produced before the Station House Officer. PW-8 Sub Inspector Reena, after checking the case property, re-sealed the same with seal impression bearing 'M'. The recovered contraband was sent to Forensic Science Laboratory for analysis. After receipt of the report of Forensic Science Laboratory to the effect that the sample was of Charas, Challan was presented against the appellant.