RADHU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 11.1.2008, passed by learned Sessions Judge, Kinnaur at Rampur Bushahr, H.P., in Sessions Trial No. 1 to 2006, titled as State of Himachal Pradesh vs. Radhu Ram, whereby appellant -accused stands convicted for having committed an 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 10 years and pay fine of Rs. 1,00,000/ - and in default of payment of fine to undergo simple imprisonment for six months, he has filed the present appeal under the provisions of Section 374 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 28.9.2005, Inspector Shrawan Kumar (PW -9) along with HC -Harbans Kumar (PW -3), HC -Ranjit Singh (PW -4), Const. Nettar Singh (PW -6) and other police officials were present at Bandal Mor on Nithar -Bagipul Road. At about 5.00 a.m., with the help of torch light, they saw a person carrying a bag (pithu) come from the side of village Ghattu. On seeing the light he tried to run away. On suspicion he was apprehended. On query he disclosed his name as Radhu Ram (accused), resident of village Ghattu. He informed the police that he was carrying personal belongings in the bag. On suspicion the bag was checked from which another bag, red in colour, containing charas like substance in the shape of candles and balls was recovered. The same was weighed and found to be 7 kilograms. Two samples of 25 grams each were drawn and sealed with seal impression -A. Remaining bulk parcel was also sealed with seal impression -A. NCB forms were filed up on the spot and contraband substance seized vide memo (Ext. PW -3/B). Ruka (Ext. PW -9/A) was sent for registration of case through Constable Nettar Singh (PW -6). Resultantly F.I.R. No. 68/2005, dated 28.9.2005 (Ext. PW -11/A) was registered against the accused under provisions of Section 20 of the Act by ASI Om Chand (PW -11), at Police Station Nirmand, Distt. Kullu. Accused was arrested. Necessary investigation was conducted on the spot. Case property along with NCB forms was handed over to MHC Amar Singh (PW -8). Special report (Ext. PW -5/A) was sent to the superior officer. Sealed sample was sent for chemical analysis vide Road Certificates (Ext. PW -8/B, 8/C, 8/D and 8/E). Report of chemical analyst (Ext. PW -10/A) revealed the contraband substance to be charas and, as such, with the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined as many as eleven witnesses and statement of the accused under Section 313 Cr. P.C. recorded, in which he took up defence of false implication on the asking of one Sh. Teja Singh. In defence accused also examined Sh. Bhawani Singh (DW -1) as his witness.