GANGA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal has been preferred by the appellant -accused (hereinafter referred to as the accused) against the judgment dated 9.6.2004, passed by the learned Sessions Judge, Kullu whereby he has been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as the Act) and has been sentenced to rigorous imprisonment for four years and fine of Rs.40,000/ - and in default of payment of fine, to undergo imprisonment for one year.

(2.) The case of prosecution, in brief, is that on 29.8.2003 Inspector Jagdish Chand (PW -6), the then SHO Police Station. Manali along with a few other police officials including ASI Bhagat Ram (PW -4) and Constable Uttam Singh (PW -5), left the Police Station in his own Car and proceeded on patrol duty and traffic checking towards Behnu Jhula. At 4.00 p.m. when the police party had reached Behnu Jhula, they noticed the accused coming towards Manali side and on seeing the police party, the accused got perplexed and tried to run away. Getting suspicions, the police party apprehended the accused and inquired about his particulars. Since there was no house or locality nearby, therefore, PW -6 associated the accompanying police officials in the investigation. PW -6 enquired about the option of the accused as to whether he wanted his personal search and search of his bag before a Magistrate or a Gazetted Officer. The accused vide memo Ext.PW -4/A opted for search by the police party present on the spot. PW -6 then gave his personal search to PW -4 in the presence of the accused vide memo Ext. PW -4/P. Thereafter the bag which the accused was carrying on his back was searched and it was found to contain Charas weighing 425 grams. PW -6 separated two samples each of 25vgrams »from the recovered Charas and made the samples and the bulk. Charas into separate parcels and sealed them with seal T - and took them in possession vide memo. Ext -PW -4/C. The Investigating Officer filled in NCB Form EXt PW -6/B in triplicate and also took the seal sample on a piece of cloth Ext. PW -6/A. The seal after use was handed over to HC Hari Singh. The accused was apprised of the ground of his arrest and the punishment for the offence committed by him vide memo. Ext. PW -4/D. Ruka Ext. PW -6/C was then drawn up by PW -6 and was sent to Police Station Manali through PW -5 on the basis of which HC Kham Chand (PW -1) recorded formal FIR Ext. PW -1/A. The case property along with the NCB Form and sample seal were deposited by the Investigating Officer with PW -1 for safe custody who made entries Ext. PW -1/C in the Malkhana register. Subsequently, one of the sealed samples along with the sample seal and NCB Form was sent by PW -1 to CTL Kandaghat vide RC Ext. PW -1/D through HHC Bir Singh (PW -2). Special report Ext. PW -3/P was prepared by PW -6 and sent to S.P. Kullu through PW -5. On receipt of the report from the Chemical Examiner Ext. PA, a charge -sheet was submitted against the accused who came to be tried by the learned Sessions Judge, Kullu on a charge under Section 20 of the Act.

(3.) To prove the charge against the accused, prosecution examined six witnesses. Statement of the accused was recorded under Section 313 of the Code of Criminal Procedure wherein he denied the prosecution case and pleaded to be innocent and having been falsely implicated in the case. However, the accused did not lead any defence evidence.