NEK RAM Vs. STATE OF H P

JUDGEMENT

(1.) THESE two appeals are directed against the same judgment of the trial Court, whereby a case, under Sections 29 and 18 of the Narcotic Drugs and Psychotropic Substances Act, instituted by the state against two persons, namely Nek ram, appellant in Criminal Appeal No. 398 of 2003 and Mani Ram respondent in Criminal Appeal No. 568 of 2003 has been disposed of. By this judgment, appellant Nek Ram has been convicted of the offence, under section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000. Mani Ram respondent in Criminal Appeal no. 568 of 2003, has been acquitted.

(2.) CRIMINAL Appeal No. 398 of 2003, has been filed by Nek Ram, challenging his conviction and sentence. The other appeal, i. e. Criminal Appeal. No. 568 of 2003, has been filed by the State, challenging the acquittal of respondent Mani Ram. Appellant Nek ram in Criminal Appeal No. 398 of 2003 and respondent Mani Ram in Criminal Appeal no. 568 of 2003 shall, hereinafter be referred to as the accused.

(3.) FIRST the prosecution version may be noticed. On 9. 9. 2002, SHO, Police Station, bahal Om Parkash (PW19) accompanied by hc Shyam Lal (PW 18), constable Hira Lal (PW 11), HHC Amar Singh (PW10) and some other police officials went towards a place called Gutkar for traffic checking. Around 4. 30 p. m. , two scooters, bearing registration Nos. HP29-0891 and HP-33-0404 came from Mandi side. Both the scooters were signaled to stop. The driver of scooter no. HP-33-0404 after stopping and parking it by the side of the road, ran into maize fields towards Suketi Khud. He was chased by PW10 HHC Amar Singh and PW11 constable Hira Lai on being commanded by the s. H. O. Scooter No. HP-29-0891 was being driven by accused Nek Ram. He stopped it. Search of the scooter was conducted. Documents/papers of the scooter were not with him. . The Station House Officer then searched the two dickeys, one in the rear and the other on the front side of the scooter and recovered opium, which was packed in sweet boxes numbering five. Two boxes were recovered from the rear and three from the front dickey. On being weighed, the quantity of the opium was found to be ten kilograms. Two samples from each of the five boxes were separated. Thereafter the bulk opium and the ten samples were sealed separately. Search and seizure memo was prepared. In the meanwhile, HHC Amar singh (PW10) and constable Hira Lal (PW11), who had been deputed to nab the other scooterist returned. They told PW 19 sho Om Parkash that the said scooterist first crossed the Suketi Khud, leaving his shoes behind and after crossing the Khud he removed and threw his pant as it was completely wet and escaped into maize fields. They also told that they had picked up the pair of shoes and the pants. They produced the same to the said Station House officer. On search of the pants, two registration certificates, one in respect of scooter no. HP-29-0891 and the other in respect of scooter No. HP-33-0404 and an insurance cover note in respect of scooter No. HP-29-0891 wrapped in a plastic cover were found. The shoes, the pants and the aforesaid documents, were taken into possession. In the registration certificate, pertaining to scooter no. HP-29-0891, name of accused Mani Ram, was written as owner. In the registration certificate, pertaining to the other scooter, i. e. HP-33-0404 accused Nek Ram, was described as owner. Accused Nek Ram told the police that the scooterist, who had succeeded to escape was Mani Ram accused.