CHET RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Assailing the judgment dated 10.11.2005, passed by learned Sessions Judge, Kullu, District Kullu, H.P., in Sessions Trial No.34/2005, titled as State versus Chet Ram, whereby accused-appellant has been convicted for having committed an offence punishable under the provisions of Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for a period of seven months and to pay fine of Rs. 12,000/-, the accused has filed the present appeal under the provisions of Section 374 of the Code of Criminal Procedure, 1973.

(2.) It is the case of the prosecution that on 9.10.2004, HC Mohar Singh (PW-7) alongwith HHC Ajay Kumar (PW-1), HHC Bir Singh, Constable Bhup Singh (PW-2) was on patrolling duty at Manali. At about 5 a.m., when they had reached near BBMB Rest House, accused was spotted. Seeing the police party, he tried to flee away, which raised suspicion. He was nabbed and was asked to give his search. He consented and one bag containing six polythene pouches of stuff, which appeared to be opium, was found. Sample was taken and sealed with seal impression 'H'. NCB forms were filled-in. The remaining stuff was taken into possession and sealed. Rukka (Ex.PW-8/B) was sent to Police Station Manali, on the basis of which FIR No.202/2004, dated 9.10.2004 (Ex. PW-4/A), under the provisions of Section 18 of the Act was registered. Sealed sample was sent to the Laboratory for analysis and report (Ex. PW-4/E) of the Chemical Examiner obtained by the police. As per the report, the contraband stuff was opium. With the completion of investigation, challan was presented in the Court for trial.

(3.) Accused was charged for having committed an offence punishable under the provisions of Section 18 of the Act, to which he did not plead guilty and claimed trial.