JAUNI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure is directed against the judgment dated 28.2.2002 passed by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushehar in Criminal Case No. 2 of 2001, convicting the appellant, (hereinafter referred to as the accused) under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentencing him to undergo rigorous imprisonment for ten years and pay a fine of rupees one lac. In default of payment of fine the accused has been directed to undergo simple imprisonment for one year, decision of the present appeal are that on 26.12.2000 at 6.10 a.m. PW-6 Kanshi Ram, ASI, Police Station, Ani accompanied by PW-1 Ram Lal, Constable, PW-2 Roshan Lal, Constable, Gulab Chand, Constable and Rattan Chand, Head Constable, was on routine patrolling duty on Ani-Shashar-Jalori State Highway in the vicinity of Ropdi Mod. At that time they noticed one person carrying a black bag slung on his shoulder. He was coming from Shamshar towards Ani. At the sight of the police he felt scared and immediately took a 'U' turn and tried to escape. The police party thereupon over-powered the said person. On interrogation, the said person disclosed his name to be Jouni Ram, accused. He was carrying a bag, Ex. P-4, slung on his shoulder. The police party suspected him to be in possession of contraband. PW-6, in the presence of the policemen accompanying him, gave an option to the accused of being searched before a gazetted Officer or a Magistrate or by the police party vide consent memo Ex. PW-1/A. The accused consented to be searched by the police party.

(2.)

(3.) Thereafter PW-6 had offered himself for search vide search memo Ex. PW-1/13. PW-6 was searched, but nothing incriminating was found. In the presence of the accused person and the policemen accompanying him, PW-6 searched the bag, Ex. P-4, and had recovered Charas Ex. P-3 in the shape of billets and tablets from the bag, Ex. P-4 being carried by the accused person. Charas was wrapped in polythene paper, Ex. P-5. Thereafter PW-6 had sent Constable Gulab Chand to get the weights and scale, who had returned at about 7.30 a.m. with the weights and scale. The Charas recovered from the packet, Ex. P-4 was weighed and fond to be 2600 gms. PW-6 had drawn two samples of 25 gms each from the charas recovered from the accused person. The sample packets of charas and rest of the charas alongwith bag Ex. P-4, ploythene-paper, Ex. P-5 had been separately sealed in three packets with seal 'X' and had been taken into possession vide recovery memo Ex. PW-1/C. The accused was arrested for committing an offence under Section 20 of the NDPS Act and he was apprised of the ground of arrest vide Ex. PW-1/D.