RAM LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal under Section 374 of the Code of Criminal Procedure is directed against the judgment of the learned Sessions Judge, Kullu in Sessions trial No. 12/2002, whereby he has convicted the Appellants (hereinafter called the 'Accused ') for an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter referred to as the 'NDPS Act ') and sentenced them to undergo rigorous imprisonment for a period of 10 years each and to pay a fine of Rs. 1 lac each. In default of payment of fine the accused have been directed to suffer imprisonment for six months.

(2.) BRIEFLY stated the prosecution story is that on 7 -11 -2001 PW -9 ASI Parma Nand, In Charge of Police Post Patlikuhal along with PW -5. HC Lal Singh, PW -6 Ishwar Dass, constable Om Parkash and PW -7 Constable Hoshiar Singh left the Police Post at about 7.30 p.m. for patrolling duty and Naka bandi at Patlikuhal Pagan road. At about 8.30 p.m. they saw two persons coming from Pagan side towards Patlikuhal. On seeing the police party, the said persons got frightened and therefore, PW -9 ASI Parma Nand got suspicious. He stopped the accused and enquired their names. At that time accused Ram Lal was carrying a white coloured bag and accused Prem Chand was carrying a black coloured bag (Pithu) on his back. PW -9 ASI Parma Nand suspected that they may be carrying some contraband. He therefore gave an option to the accused of being searched before a Magistrate or gazetted officer or the police party. The accused vide separate memos Ex. PW5/A and PW5/B consented to be searched by the police party. PW - 9 thereafter gave his personal search to PW -5 HC Lal Chand. Except for identity card nothing was found on his person.

(3.) BOTH the accused were informed about the offence committed and the punishment provided vide memos Ex. PW5/F and PW5/G, PW - 9 ASI Parma Nand thereafter prepared Ruqa EX. PW9/B on the spot itself about the recovery of Charas from the accused. This was sent through PW -6 constable Ishwar Dass to Police Station, Manali. On the basis of this Ruqa, FIR No. 213 of 2001 Ex. PW4/A was registered in Police Station Manali on 7 -11 -2001 by PW -4 Inspector Roshan Lal. On the next day i.e. 8 -11 -2001 at 6 a.m. the case property was produced by PW -9 ASI Parma Nand before PW -4 Inspector Roshan Lal along with the NCB forms. PW - 4 resealed the case property with seal bearing impression 'H ' and also affixed seal impression on NCB forms and retained the specimen seal impression Ex. PW4/C. P.W. -4 thereafter deposited the entire case property along with the documents with PW -2 MHC Khem Chand, who took the property in possession and made entry in Mal Khana Register, copy of which is Ex. PW2/A. On 9 -11 -2001 PW -2 sent two samples to CTL Kandaghat through PW -1 Constable Pawan Kumar vide RC No. 152/2001, copy of which is Ex. PW2/B. PW -1 Pawan Kumar deposited the parcels with CTL Kandaghat and returned the RC along with receipt of CTL Kandaghat to PW -2 Khem Chand.