NAN RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE instant appeal is directed against the judgment of the learned Special Judge, Fast Track Court, Kullu, dated 23.01.2008 rendered in Sessions trial No. 24/2007, whereby, the learned trial Court convicted the accused for his having allegedly committed the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "Act") and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/ - and in default of payment of fine, sentenced him to suffer simple imprisonment for one year.

(2.) THE facts relevant to decide the instant case are that on 11.11.2006 PW -5 S.I. Ram Karan alongwith H.C. Rajender, Constable Dalip Kumar, Constable Om Chand, Constable Guddu Ram and Constable Hem Raj were present near Fagu -pul at 6.00 a.m., where a naka was laid. One person was sighted to be coming from the jungle side. He was observed to be carrying a bag in the right hand. On his sighting the police, he is alleged to have attempted to conceal himself behind the pine tree. PW -5 S.I. Ram Karan directed H.C. Rajender Singh and constable Om Chand to encircle the said person. Hence, the said person threw the bag on the ground and fled away. He was chased by H.C. Rajender and C. Om Chand. On being chased he was nabbed. Constable Dalip Kumar lifted the bag and brought the same to the road side. The person was interrogated and he disclosed his name Nan Ram. He also disclosed that he was residing at Theog. The bag was blue in colour. On inspection and search, it was found to contain charas in the shape of sticks and balls. The outer pocket of the bag was also checked and it was found containing passport and Identity card of the accused. The recovered charas was weighed and it was found to be three kilograms. Two samples of charas, 20 grams each were separated from the recovered charas and were sealed in separate parcel. Each parcel was sealed with seal impression 'T'. The samples of seal impression 'T' were obtained separately on a piece of cloth Ex. PD. Columns No. 1 to 8 of NCB form in triplicate were filled in on the spot, comprised in Ex. PL. The seal after use was handed over to H.C. Rajender. Three sealed parcels containing charas, identity card (Ex. P -2) and passport (Ex. P1) were taken into possession under seizure memo Ex. PA. Search and seizure memo Ex. PB was signed by H.C. Rajender Singh and C. Om Chand, as well as by the accused. Rukka, Ex. PM was prepared on the spot, which was sent to the police station, Banjar for registration of FIR through H.C. Rajender Singh. Site plan of the place of occurrence is comprised in Ex. PN. The accused was arrested under memo Ex. PO. Seized articles were deposited in the malkhana with MHC Chaman Lal. On obtaining report of FSL, comprised in Ex. PR and on conclusion of the investigation, into the offences, allegedly committed by the accused, report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.

(3.) ON appraisal of the evidence on record, the learned trial Court convicted and sentenced the accused.