DUTT RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant has filed the appeal challenging the judgment/ order dtd. 4/6/2018, whereby he has been convicted and sentenced as under:- <FRM>JUDGEMENT_36_LAWS(HPH)9_2022_1.html</FRM>

(2.) Prosecution story, in brief, is that on 5/1/2016, ASI Narayan Lal along with other police officials were present in official vehicle No. HP - 34A-9984 near Chhuti Bihal Garsa Road. At about 5. 40 a.m., a person was seen coming on foot towards Bajaura side from Hurla side. The said person was noticed with the help of torch light. The said person was carrying Pithu bag on his back. On seeing the police party, the said person turned back and tried to run away, after throwing the Pithu bag by the side of the road. The said person was apprehended by the police party and on enquiry, he disclosed his name as Dutt Ram. The said person was taken to the place, where he had thrown the Pithu bag. Since the place was secluded and isolated one and it was winter season, no independent witness was available at the spot. The police party waited for sometime, but no independent witness became available. Consequently, on suspicion, the Pithu bag was searched and on opening the zip of the bag, red coloured carry bag having a polythene packet was recovered. The packet was tied with knot. On checking the same, black coloured sticks and ball shape charas was recovered. On weighment, the contraband came to 4.050 kilograms. The contraband was put in the polythene packet and was put in the carry bag. One vial of perfume was also recovered from the another zip of Pithu bag and the same was also put inside the Pithu bag. The Pithu bag was then put in another cloth parcel and was sealed with nine seals bearing impression 'S'. Sample seal, after use, was handed over to HC Krishan Lal. NCB-I form was filled-in triplicate. Recovered contraband was taken in possession. Rukka was prepared and was sent to Police Station through HHC Krishan Lal and on the basis of the same, formal FIR No.3, dtd. 5/1/2016 was registered at Police Station, Bhuntar, District Kullu. Site plan was prepared and statements of witnesses were recorded. Appellant was arrested and information regarding his arrest was supplied to his father.

(3.) Thereafter, appellant along with case property was produced before the SI/SHO Bhup Singh, who after checking the case property, resealed the same with seal bearing impression 'O'. On the next day, appellant was produced before the Court and was remanded to the police custody.