TIKKAM RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT -convict Tikkam Ram, hereinafter referred to as the accused, has assailed the judgment dated 21.2.2009, passed by Special Judge (Sessions Judge), Kinnaur Sessions Division at Rampur Bushahr, Himachal Pradesh, in Sessions Trial No.25 of 2007, titled as State of Himachal v. Tikkam Ram, whereby he stands convicted of the offence punishable under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 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 one year.

(2.) IN short, it is the case of prosecution that on 11.1.2007 at about 6.30 a.m., when police party, comprising of ASI Brij Lal (PW -6), Constable Birbal Dass (PW -3) and Constable Tikkam Singh (PW -7), was on patrol duty at Shaluri Nallah, they saw the accused, coming on foot, carrying a bag (Pitthu) on his shoulder. Seeing the policy party, he became perplexed. On suspicion, he was overpowered. On inquiry, he disclosed his name as Tikkam Ram. Since the place was secluded and on suspicion that accused may be carrying some contraband substance, Constable Tikkam Singh (PW -7) was sent to search for independent witnesses from the nearby area. Since the place was not inhabited, being a forest area, none other than the police officials, present on the spot, could be associated in the search operations.

(3.) CONSTABLE Tikkam Singh (PW -7) took the Rukka to Police Station, Nirmand, where FIR No.11, dated 11.1.2007, under the provisions of Section 20.61.85 of the Act was registered. PW -7 brought the file back to the spot and handed it over to ASI Brij Lal (PW -6). Necessary investigation was conducted on the spot; accused was arrested and informed of his rights. Special report was sent to Senior Police official, which was received in his Office by ASI Om Prakash (PW -1). The seized contraband substance was handed over to MHC Mohar Singh (PW -5). Report of the Forensic Science Laboratory (FSL) (Ex. PH) was obtained through Constable Ramesh Chand (PW -4), which revealed that the contraband substance was in fact charas. With the completion of investigation, challan was presented in the Court for trial.