NEK RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant-convict Nek Ram, hereinafter referred to as the accused, has assailed the judgment dated 13.10.2011/20.10.2011, passed by Special Judge, Kullu, Himachal Pradesh, in Sessions Trial No.13 of 2011, titled as State of H.P. v. Nek 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.) It is the case of prosecution that on 30.11.2010, police party, comprising of Tej Ram (PW-9), Constable Rajneesh Kumar (PW-1), HHC Tek Chand and Baldev Singh, was on patrol duty, in connection with detection of crime. Police had set up a Naaka. At about 4 a.m., motorcycle bearing No.HP-34A-6976, driven by the accused, was stopped by the Police Party for checking. Documents of the vehicle were checked and accused disclosed his name as Nek Ram. On suspicion, rucksack (Ex. P-2) carried by the accused was searched in the presence of police officials present on the spot. In the rucksack (Ex. P-2), there was a white coloured bag (Ex. P- 4), which contained Charas (Ex.P-5), in the shape of Chapattis, rectangles and squares, which upon weighment was found to be 4.3 kgs. Ruka (Ex.PW-1/B) was taken by Constable Rajneesh Kumar (PW-1), on the basis of which FIR No.331, dated 1.12.2010 (Ex.PW-1/C), under the provisions of Section 20 of the Act, was registered at Police Station, Sadar (Kullu), District Kullu, Himachal Pradesh. The contraband substance, which was sealed with seal impression 'T', was taken into possession alongwith the motorcycle, vide memo (Ex. PW-1/A).

(3.) Accused was charged for having committed an offence punishable under the provisions of Section 20 of the Act, to which he did not plead guilty and claimed trial.