KEWAL RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellants-convict Kewal Ram, hereinafter referred to as the accused, has assailed the judgment dated 20.9.2013/30.9.2013, passed by Special Judge, Solan, District Solan, Himachal Pradesh, in Sessions Trial No.8-S/7 of 2012, titled as State of Himachal Pradesh Vs. Kewal Ram , whereby he stands convicted of the offence punishable under the provisions of Sec. 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) It is the case of prosecution that on 14.10.2011, police party, comprising of Constable Ram Krishan (PW-8), HHC Hem Raj (PW-9), HC Om Parkash, HC Ambi Lal, Constable Ajay Kumar, and headed by HC Ram Pal (PW-11), was on a patrol duty at a place known as Shamti. A private bus, bearing No.HP-64- 4497, which was coming from Pulwahal side, was stopped for checking. Police party boarded the bus and found accused Kewal Ram sitting on Seat No.19, who was holding a bag on his legs. On Seat No.18, Jai Singh (PW-1) was sitting. In the presence of Jai Singh and conductor Anil Sharma (PW-2), bag carried by the accused was searched, from which Charas was recovered, which on weighment was found to be of 1.100 kg. Contraband substance was sealed with five seals of seal impression 'A' and taken into possession vide Memo (Ex.PW-1/A). NCB form (Ex.PW-7/F) was filled up in triplicate, on the spot. Ruka (Ex.PW-11/A) was sent through Constable Ram Krishan (PW-8), on the basis of which FIR No.246, dated 14.10.2011 (Ex.PW-7/A), under the provisions of Sec. 20 of the Act, was registered at Police Station, Sadar (Solan), District Solan, Himachal Pradesh. Accused was arrested. Case property was entrusted to HC Sohan Lal (PW-7), who, after making entry in the Malkhana Register (Ex.PW-7/C), kept the same in safe custody, and sent it, through Prem Chand (PW-4), for chemical analysis at the Forensic Science Laboratory, Junga. Report of the Expert (Ex.PX) was taken on record. Also, Special Report (Ex.PW-5/A), so sent by the Investigating Officer, was received in the office of the Deputy Superintendent of Police by Constable Davinder Kumar (PW-5). With the completion of investigation, which, prima facie, revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

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