KEWAL RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal is directed by the accused/appellant, against the impugned judgment, rendered on 8.3.2011, by the learned Sessions Judge (Special Judge), Shimla, Himachal Pradesh, in, N.D.P.S Case No. 21-S/7 of 2009, whereby, the learned trial Court convicted and sentenced the accused/appellant to undergo rigorous imprisonment for a period of 10 years and to pay a fine in a sum of Rs.1,00,000/- and in default of payment of fine to further undergo simple imprisonment for a period of one year for the commission of offence punishable under Section 20 of the NDPS Act.

(2.) Brief facts of the case, are, that, on 28.6.2009 PW-19 Man Singh, Dy.S.P, Theog, alongwith C Rajinder Singh, ASI Het Ram and some other police officials was present at Chailla in connection with routine patrol duty. PW-19 had received secret information against the accused at about 2.30 p.m. On the receipt of such information, Dy.S.P Man Singh had prepared a report comprised in Ex. PW-5/D and had forwarded the same to the Superintendent of Police, Shimla through C Rakesh Kumar. Thereafter the police party proceeded to Chailla. On the way from Sainj to Shimla at about 2.50 p.m. PW-19 and other police officials noticed a Bus bearing registration No. HP-03B-6058. The said bus was signaled to stop. PW-1 Chotte Ram has been deposed to be the driver of the bus and PW-2 Chander Mohan has been deposed to be the conductor of the bus. PW-19 and other police officials had entered in the bus. The passengers as also their baggages were sought to be checked. At such stage, the accused had got up from seat No. 31 and had jumped out of the bus alongwith his black coloured bag Ex. P-2 . PW-10 Constable Rajinder Singh and other police officials had chased the accused and overpowered him. PW-19 had interrogated the accused. PW-19 and other officials had offered themselves for search vide search memo Ex. PW-1/B, but nothing incriminating had been recovered from them. The accused had been given an option to be searched either before a Magistrate or a Gazetted officer vide consent memo Ex. PW- 1/A. The accused had consented for search before the police. As such, PW-19 in the presence of PW-1 and PW-2 and other police officials as also non-officials, had checked bag Ex. P-2 and the same was found to be containing charas Ex. P-4. On weighing the same, the same had been found to be 3 Kg. PW-19 had packed charas in a parcel Ex. P-1 alongwith bag Ex. P-2 and Polythene envelop Ex. P-3. Seal T had been applied to parcel Ex. P-1. NCB forms were filled in by PW-19. Photographs Ex. PW-2/C-1 to Ex. PW-2/C-5 of the spot were clicked. The special report comprised in Ex. PW-10/A was forwarded to the Police Station for registration of FIR through PW-10. The accused had been arrested after having apprised him of the grounds of arrest comprised in Ex. PW-1/G. PW-7 had deposited the case property with Chemical Examiner. On conclusion of the investigation, into the offence, allegedly committed by the accused, final report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.

(3.) The accused was charged, for, his having committed offence punishable under Section 20 of the NDPS Act, by the learned trial Court, to, which he pleaded not guilty and claimed trial.