FANGI RAM @ FANKI RAM Vs. STATE OF HP

JUDGEMENT

(1.) Appellant-convict Fangi Ram alias Fanki Ram, hereinafter referred to as the appellant, has assailed the judgment dated 30.4.2011, passed by Special Judge (II), Kinnaur at Rampur Bushahr, Himachal Pradesh, in Sessions Trial No.18 AR-3 of 2009/10, titled as State of Himachal Pradesh v. Fangi Ram and another, whereby he stands convicted of the offence punishable under the provisions of Section 20(ii)(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 1,00,000/- and in default thereof to further undergo simple imprisonment for a period of two years.

(2.) It is the case of prosecution that on 19.9.2009, SHO, Police Station, Nirmand, Shri Vidya Chand (PW-8) alongwith police party, comprising of Jhabe Ram (PW-1), ASI Kanwar Singh (PW-7), Mohinder Singh, Bir Singh and Chet Ram, left Police Station, in connection with investigation of case FIR No.74/09, as also Nakabandi on the Nirmand- Bagipul road. Daily Diary entry (Ex.PW-8/A) was made with regard thereto. Near Biwani Nallah, police party set up a Naka. At about 5.30 p.m., police party saw vehicle bearing No.HP-01S-0348 coming from Nirmand side. The same was stopped for checking. Bhupinder Kumar (co-accused) was on the wheels and appellant Fangi Ram, who was sitting on the back seat, was holding a bag on his lap, which was checked by the police party. Inside the bag, Charas like substance, in the shape of balls, sticks and mats, was found. The same was seized and upon weighment found to be 3 kgs 500 grams. The same was sealed with seal impression 'A'. NCB form (Ex. PW-8/B) was filled up on the spot. Jhabe Ram took Ruka (Ex. PW-1/C) to the Police Station, where FIR No.75, dated 19.9.2009 (Ex. PW-1/D), under the provisions of Section 20 of the NDPS Act was registered. Appellant and his co-accused Bhupender Kumar arrested and with the completion of investigation on the spot, police party returned to the Police Station, where Vidya Chand deposited the contraband substance alongwith NCB form with MHC Lal Chand (PW-6). Special Report (Ex. PW-3/B) taken by Mohar Dass (PW-5) was handed over to Jia Lal (PW-3) in the Office of SDPO. Sham Lal (PW-2) took the entire contraband substance for analysis to FSL, Junga and report (Ex. PA) obtained and taken on record by the police. With the completion of investigation, which prima facie revealed complicity of the appellant and his co-accused in the alleged crime, challan was presented in the Court for trial.

(3.) Appellant Fangi Ram and his co-accused Bhupender Kumar were charged for having committed an offence punishable under the provisions of Section 20(b)(ii)(C) of the NDPS Act, to which they did not plead guilty and claimed trial.