DHABE RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 7.5.2015, passed by the learned Special Judge, Mandi, Distt. Mandi, H.P. in Sessions Trial No. 35 of 2010, titled as State of Himachal Pradesh v. Dhabe Ram, whereby the appellant -accused stands convicted for having committed offences punishable under the provisions of Sections 18 and 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 three years and fine of Rs. 30,000/ - for offence punishable under Section 20 of the Act and rigorous imprisonment for a period of two years and fine of Rs. 20,000/ - for offence punishable under Section 18 of the Act, 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 1.3.2010 police party headed by ASI Mehar Singh (PW -11), comprising of HC Dharam Pal (PW -1), PSI Naveen Jhalta and Constable Amar Singh (both not examined) laid naaka at Bindrabani. At about 2.15 p.m., bus bearing No. HP65 2571, in which accused was sitting was stopped for checking. Seeing the police party, accused who was sitting on seat No. 29, became perplexed. On suspicion, in the presence of driver Kishan Singh (not examined) and conductor Ramesh Kumar (PW -2), after obtaining consent (Ext. PW -1/A), accused was searched. From his personal search, police recovered two polythene packets wrapped around his abdomen with a cello tape containing charas and opium, which upon weighment, were found to be 370 grams and 90 grams respectively. The entire bulk parcel was sealed with seal impression -H and seized vide memo (Ext. PW -1/E). Ruka (Ext. PW -1/F) sent through Const. Amar Singh (not examined), led to registration of F.I.R. No. 82 of 2010, dated 1.3.2010 at Police Station Sadar, Mandi, Distt. Mandi, H.P., against the accused under the provisions of Sections 18/20 of the Act. With the completion of proceedings on the spot, including filling up of NCB forms(Ext. PW -1/C), in triplicate, and arrest of the accused, case property was produced before SI/SHO Mohan Lal (PW -4), who after resealing the same with seal impression -T, deposited it with Addl. MHC Anil Kumar (PW -3) incharge of the Maalkhana. Constable Roshan Lal (PW -5) took the case property for chemical analysis to the State Forensic Science Laboratory at Junga vide Road Certificate (Ext. PW -3/C) and report (Ext. PW -3/E) obtained through HC Sushil Kumar (PW -7) was taken on record by the police which revealed the contraband substance to be charas and opium. Special report (Ext. PW -6/A) was sent through HHC Dalip Singh (PW -6) to the office of Dy. Superintendent of Police, Mandi. With the completion of investigation, which prima facie revealed complicity of the accused person in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as twelve witnesses and the statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded false implication. No evidence in defence was led by the accused.