MAN BAHADUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present appeal filed against the judgment and sentence passed by the learned Special Judge Fast Track Court Kullu HP in Sessions Trial No 11 of 2007 titled State Vs. Man Bahadur decided on 29th July, 2008. BRIEF FACTS OF THE PROSECUTION CASE:

(2.) It is alleged by the prosecution that on 1.9.2006 at about 6.30. PM ASI Lal Chand along with Constable Om Prakash and Constable Mohinder Singh had proceeded from Police Station in Government vehicle driven by Constable Dinesh Kumar to Shiva Lodge in connection with verification of report No.30 recorded in the rojnamcha. It is alleged that Shiva Lodge is located near "Siyali Mahadev Market". It is alleged that Anil Kumar elected Member of Naggar Panchayat met police party near Siyali Mahadev Inn and he was associated in raiding party. It is further alleged that at about 6.40 PM police party headed by ASI Lal Chand reached at reception counter of Shiva Lodge. It is further alleged that Bishamber Singh was found at reception counter and he was also associated with the raiding party. It is alleged that the door of room No.108 of Shiva Lodge was knocked. It is alleged that the door was opened by one Nepali national and second Nepali national was sitting on double bed. It is further alleged that the Nepali national who opened the door disclosed his name to be Man Bahadur and second Nepali national sitting on double bed disclosed his name to be Than Bahadur. It is alleged by prosecution that ASI Lal Chand told both the Nepali nationals that information had been received by the police to the effect that they might be in possession of Charas. It is alleged that both of them were apprised of their legal right to be searched in the presence of Magistrate or Gazetted Officer on which they consented to be searched by the police present at the spot and the consent memos were prepared in this connection. It is further alleged that 3Kg Charas and 800 grams opium was found from the exclusive and conscious possession of the accused persons.

(3.) Accused persons were charged for the offence under Sections 20 and 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'Act'). They pleaded not guilty and claimed trial. Accused Than Bahadur had absconded from the police custody during the trial and he was declared proclaimed offender in accordance with law.