SANGAT RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE instant appeal is directed against the judgment of the learned Special Judge, Kinnaur Sessions Division at Rampur Bushahr, Himachal Pradesh, rendered on 24th December, 2011 in NDPS Act Case No. 7 of 2011, whereby, the learned trial Court convicted the accused for his having allegedly committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "NDPS Act") and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/ - and in default of payment of fine, sentenced him to suffer simple imprisonment for one year.

(2.) THE facts relevant to decide the instant case are that on 14.12.2010, the complainant along with H.C. Dharam Pal, Constable Surender Singh, was on patrol/traffic checking duty. When, at about 12.15 p.m., they were present at Bazeer Bawadi, a person was seen coming from Nirmand side carrying a bag on his left shoulder. On seeing the police, he became nervous/frightened and started running. He was overpowered/apprehended by the police. On inquiry he disclosed his name to be Sangat Ram. Since, his bag was required to be searched, independent witnesses, S/Sh. Jawahar Lal Neta and Revati Ram Sharma were also associated. Allegedly, at the relevant time, the bag which the accused was carrying was of black colour, having strap and handle, on which Nike was written. Before taking the search of the bag, the complainant gave his search to the accused and in this regard search memo was prepared. Allegedly, the bag contained black coloured pouch/thaili in which there was black coloured substance in round, flat and wicks form. The same appeared to be that of charas. On weighment, it was found to be 6.500 kilograms and put in the same bag which was sealed in a parcel with seal 'T' (six seals), the sample of which was taken separately on a piece of cloth. NCB form in triplicate was filled in. Seal after use was given to witness Sh. Jawahar Lal. The recovered charas was taken into possession by preparing seizure memo which was signed by the witnesses as well as the accused. Its copy was also supplied to the accused free of costs. Rukka was drawn and sent to Police Station for registration of case. Since, evidence had been found against the accused to have committed an offence under Section 20 of the NDPS Act, he was arrested and in this regard information was given to his brother, Sh. Ramesh. Site plan of the place of occurrence was also prepared and the sealed parcel containing charas was produced before the SHO, who resealed it with seal 'K' at six places, the seal impression of which was also taken separately. The complainant also prepared special report which was got sent to the SDPO, Rampur Bushahr. The parcel containing charas was sent to FSL, Junga and in this regard report was obtained according to which it was opined to be containing quantity of resin to the extent of 28.93% WW and for this reason, it was found to be the extract of charas.

(3.) ON conclusion of the investigation, into the offence, allegedly committed by the accused, report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.