CHET RAM Vs. STATE OF H P

JUDGEMENT

(1.) The above-noted two appeals arising out of two separate judgments rendered on 20/10/2001 by the learned Sessions Judge, Kinnaur Division at Rampur, in Sessions Trial No. 4 and 3 of 2001 respectively are being disposed of together by this common judgment since common questions of fact and law are involved therein.

(2.) On 5/11/2000 at about 5.50 a.m. Assistant Sub Inspector Kanshi Ram of Police Station, Ani, was present in the area of Nagan alongwith Head Constable Rattan Chand and Constables Bhup Singh, Ram Lal and Hira Singh in connection with routine patrolling. At such time, he received a secret information about two persons carrying Charas in their bags from Ani in HRTC bus running from Karana to Chandigarh via Ani. Finding the information to be reliable, he reduced such information into writing and forwarded a copy thereof to Deputy Superintendent of Police, Ani, Shri Ahmad Sayad through constable Ram Lal. Assistant Sub Inspector Kanshi Ram then constituted a raiding party in which he associated two independent witnesses from the area, namely, Bhag Chand and Ram Lal. At about 6.30 a.m. HRTC bus bearing No. HP-06-2809 running between Karana and Chandi-garh via Ani was seen coming. It was signalled to stop at Nagan intersection. The police party entered the bus. Two persons matching the description, as given in the secret information received earlier, were found sitting respectively on seats No. 25 and 37 having one bag each on their laps. The said two persons are appellant Mangat Ram (hereinafter referred to as Al) and appellant Chet Ram (hereinafter referred to as A2).

(3.) Both Al and A2 were asked to step out of the bus. Thereafter Assistant Sub Inspector Kanshi Ram carried out the search of the bag of Al while Head Constable Rattan Chand carried out the search of the bag of A2. During the course of search of the bag of Al Charas in the shape of billets wrapped in a scarf was recovered therefrom which on weighment was found to be 3050 grams. Two samples weighing 25 grams each were separated therefrom. The two samples and the remaining bulk of Charas along with scarf and bag were separately sealed and taken into possession.