RAM LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT Ram Lal has preferred this appeal from jail against the judgment of the trial Court, whereby he has been convicted of an offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for ten years and to pay fine of rupees one lakh; in default of payment of fine to undergo imprisonment for a further period of four years.

(2.) PROSECUTION version may be stated thus. On 10.1.2003 around 6.15 a.m. a telephonic call was received at Police Post Bhuntar, which was attended by PW-9 SI Tameshwar Singh. The caller informed that a man sitting near the seat of the conductor in bus No. PB-12-C-9164, Whether reporters of the local papers may be allowed to see the judgment? which had left Manikaran for Bhuntar, had been carrying 'charas' with him. The information was entered in the 'Rojnamcha' per entry, copy Ext. PW- 4/A. A copy of this entry was sent by PW-9 Tameshwar Singh, SI to his superior Officer, as per requirement of Section 42 (2) of the Narcotic Drugs & Psychotropic Substances Act. Thereafter Tameshwar Singh formed a party. PW-7 Yoginder Singh, a local man, was associated as a member of the party. The party proceeded towards the bridge on river Beas. Around 6.45 a.m. bus No. PB-12-C-9164 arrived. It was got stopped. SI Tameshwar Singh, along-with PW-7 Yoginder Singh, entered the bus. The conductor of the bus, who was already in the bus, was also associated. The appellant, wearing black jacket and a cap, was found sitting beside the conductor's seat. He had a bag on his thighs. The appellant was informed that there was information that he was carrying 'Charas' and so search of his person was required to be made and if so desired it (the search) could be arranged in the presence of a Gazetted Officer or a Magistrate. The appellant opted for being searched on the spot by PW-9 Tameshwar Singh. Thereafter the bag was searched and it was found to contain 'Charas', which weighed 4 Kgs. 700 grams. Two samples, each weighing 25 grams were separated from the recovered stuff. The samples and the bulk stuff were sealed in separate parcels. One of the sample parcels was sent to the Chemical Examiner, who reported that it contained contents of 'Charas' on account of presence of resin to the extent of 33.28 per cent.

(3.) LEARNED counsel representing the appellant submitted that there was no evidence in support of the allegation that 'Charas' was recovered from the appellant, except the testimony of PW-9 Tameshwar Singh, which by itself was not sufficient to base conviction and in any case, his testimony did not inspire confidence because of certain palpable contradictions and discrepancies.