STATE OF H.P. Vs. RAM PARKASH

JUDGEMENT

(1.) The State has filed the instant appeal for\ enhancement of sentence of the respondent. The case of the prosecution as unfolded during the course of trial was that on 3/11/2004, Investigating Officer, SI Sohan Singh (PW-7) alongwith HC Sanjeev Kumar, LC Vandana, HHC Sadanand and HHC Bhuri Singh were on traffic checking and Naka duty at Khoti Nala, as were deputed by SI Dabe Ram. After formal traffic checking, at about 02:00-02:30 p.m., they came back from Khoti Nala and alighted the bus and got down near Doghara. When the Police Party was proceeding from tunnel to Aut, then they noticed that a person was coming from opposite side, who was carrying a carry bag in his hand. Khekh Ram (PW-1) admitted the Police Party on the way back and he too was associated with the Police Party.

(2.) On seeing the police, the said person tried to turn back and escape from the spot. However, he was nabbed by the Police Party. On being enquired, he disclosed the name as Ram Prakash and upon search of the carry bag, it was found containing another polybag and during the course of search of the said polybag, charas, in the shape of sticks was recovered. HHC Sadanand was deputed to arrange for weights and scales, who provided the same from nearby shop. The recovered charas was weighed on the scale, which found to be 1 Kg. Two samples of 25 grams each were separated by the Investigating Officer, who then, put them in parcels and sealed with seal 'S' at five places each, whereas, the remaining charas alongwith polybag was put in a parcel and sealed with 'S' at seven places. The specimen seal 'S' was also taken as Ex.PF and Ex.PF/1. The seal 'S' after use was given to Khekh Ram (PW-1). Thereafter, the case property was taken into possession vide recovery memo Ex.PA. The search and seizure memo Ex.PB and attachment form Ex.PC were prepared, which were duly signed by the respondent, Khekh Ram and LC Vandana. A copy of the same was given to the respondent free of cost.

(3.) Thereafter, the respondent was formally arrested vide memo Ex.PE and was apprised of the grounds of arrest vide memo Ex.PD. The wife of the respondent was informed telephonically regarding his arrest. The Investigating Officer also obtained receipt of telephonic calls Ex.PM. He sent Rukka Ex.PS, through HHC Sadanand, for registration of the case, who brought the case file back and handed over the same to the Investigating Officer on the spot. The Investigation Officer prepared site plan Ex.PN and also prepared the marginal notes at the spot. He recorded statements of witnesses, including Khekh Ram (PW-1) and filled-in columns of NCB form Ex.PJ/1 and specimen seal of 'S' was also embossed on the said form. He produced the case property alongwith respondent before SI Dabe Ram and NCB form, specimen seal 'S' alongwith other documents. SI/SHO Dabe Ram also re-sealed the case property with seal 'T' and took the specimen of seal 'T' on NCB form Ex.PJ/1. After re-sealing the case property, the same was deposited with MHC Raj Kumar (PW-5) alongwith NCB form and specimen seal 'T', who entered the same in Malkhana Register Ex.PF. He handed over the sealed parcel, sample seal etc. to HHC Munshi Ram (PW-4), which he took to CTL Kandaghat on 2/6/2004 and on back journey returned the receipt to MHC.