RAGHUVIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ALL these appeal are arising from the judgment of conviction and sentence passed by the learned trial Court in Sessions trial No. 8/2006, decided on 30.5.2007, against the appellants, hereinafter referred to as "the accused persons", in a joint trial for the offences punishable under Sections 20 & 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short "the Act", for allegedly transporting 8 kg "Charas" in Maruti Car No. DL -3CG -9417. In short, the prosecution story, as emerges from prosecution evidence, is that in the year 2005, PW -11 Head Constable Jai Gopal was Investigating Officer posted in Police Station Karsog. On 27.10.2005, he headed the police party and was on patrolling duty in official vehicle No. HP -33 -8179, which was being driven by PW -9 MHC Balam Ram, since the driver was on leave. Around 11.30 a.m., they laid a Naka near Gagon Nalla. In the meantime, Maruti Car No. DL -3CG -9417 came from the side of Kelodhar. It was stopped. Accused Raghuvir Singh was driving the aforesaid car and other three accused persons were its occupants. The police demanded the documents of the vehicle. They got frightened. Two of the accused persons, who were occupying the rear seat, were Krishan and Jasvir. They had tried to run away, but were over -powered. Accused Prem Singh was sitting on the front seat adjoining to the driver, holding a green and black -coloured bag, whereas accused Krishan and Jasvir were having black -coloured bag, which was kept by them in between their seat. All the accused persons were from Haryana State and on being asked, they informed the police that they were on their visit to Himachal Pradesh.

(2.) ON completing investigation, challan was presented in the Court for trial of the accused persons. They were accordingly charge -sheeted for the offences aforesaid, to which they pleaded not guilty and claimed trial.

(3.) ACCORDING to DW -1 Khem Chand, Pradhan of Gram Panchayat, Lower Karsog, he was running "Kisan Dhaba" at Karsog. He stated that the accused persons had stayed in his Dhaba on 27.10.2005 and even prior to that, they had been staying there. On 28.10.2005, the accused persons had left the Dhaba around 4.00/5.00 a.m. When the accused persons were standing on the road, police took them to the Police Station. Later, he came to know that "Charas" was recovered from their vehicle.