LAWS(HPH)-2014-6-107

GUDDU RAM Vs. STATE OF H.P.

Decided On June 26, 2014
GUDDU RAM Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment rendered on 1st August, 2008, by the learned Special Judge (II), Mandi in Sessions Trial No. 7 of 2007, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/ - for the commission of offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') and in default of payment of fine, he has been sentenced to undergo rigorous imprisonment for one year.

(2.) THE brief facts of the case, are that a police party headed by S.H.O. Rajesh Kumar (PW -9), Police Station, Sadar, Mandi was on patrol duty during the intervening night of 11th and 12th February, 2007 at Khaliyar in official vehicle. Other accompanying police officials, namely, H.C. Shyam Lal, H.C. Ram Lal and H.C. Balam Ram, were also members of the raiding party. At about 12/15 a.m., the police party saw the accused carrying with him a black bag near Victoria Bridge. The police party suspected him to be thief. The accused on sighting the police attempted to flee. However, he was nabbed. The Inspector checked the bag carried by the accused and it was on checking found to contain charas. On weighing, the recovered substance was found to be 5.200 Kg. The charas recovered from the bag of the accused was in the shape of sticks. From the recovered charas, which in bulk was 5.200 kg, the Inspector, separated two samples of 25 grams each and the separated samples were packed in separate parcels and sealed with seal impression 'K'. Remaining 5 kg and 150 grams of charas was again put, in, three polythene bags and the polyphone bags were put, in, the bag and the bag was packed in a parcel which was sealed with 8 seal impressions 'K'. NCB form in triplicate was filled in by the Inspector on the spot. The Inspector, also, took specimen of seal impression on pieces of cloth. The seal after use was handed over to H.C. Balam Ram. The Inspector had also embossed seal impression on the NCB form. ASI Shyam Lal, H.C. Ram Lal and the accused Guddu Ram signed the three sealed parcels and specimen seal impression. Thereafter, the three parcels were taken into possession under recovery memo comprised in Ex. PW3/A which was signed by ASI Shyam Lal, H.C. Ram Lal and accused Guddu Ram. Copy of recovery memo Ex. PW3/A was handed over to the accused. Inspector Rajesh Kumar (PW -9) prepared the rukka and sent the same through H.C. Balam Ram to the Police Station, Sadar. Accused was apprised of his arrest under memo Ex. PW3/C and was arrested under arrest memo Ex. PW3/D.

(3.) IN proof of the prosecution case, the prosecution examined 9 witnesses. On closure of the prosecution evidence, statement of accused under Section 313 Cr.P.C. was recorded by the Court in which the accused claimed false implication and pleaded innocence. In defence, the accused examined two witnesses.