RAM KARAN Vs. STATE OF H P

JUDGEMENT

(1.) THE appellant has been charged and convicted for offence under section 20 of the Narcotic Drugs arid Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act' ). According to the prosecution, the appellant was found in conscious possession of 1 Kg. 900 grams of 'charas'.

(2.) ON 8-6-2004, SI Kanwar Singh guleria, (P. W. 8), SHO Police Station, Arki went to Pau-Ghatti while on routine patrolling duty. At about 8 a. m. he received information from some reliable source that a man by the name of Ram Karan, wearing a Kurta-Pyjama and holding a walking stick, was travelling in the bus which was proceeding from Arki towards Jai Nagar. He was told that this person was carrying charas. This information was reduced into writing and sent to Superintendent of Police, Solan, through constable Ramesh Kumar (P. W. 5 ).

(3.) AT about 8. 40 a. m. when the bus reached the spot where P. W. 8 was waiting, the driver and the conductor of the bus were asked to get down and informed that a man by the name of Ram Karan, was travelling in the bus who was carrying charas with him. The conductor and driver of the bus, namely, P. W. 1 Bhupinder Singh and P. W. 2 sunil Datt, asked the passengers to alight from the bus one by one. When the appellant alighted, he was asked if his name was ram Karan since his description tallied with that of the person who was supposed to be carrying charas as per information received by SI Kanwar Singh, P. W. 8. The appellant admitted that he was Ram Karan. P. W. 8 s. I. Kanwar Singh then informed him that since he was suspected to be carrying charas, his personal search was required to be carried out which could be done by the police or in the presence of a Magistrate or a gazetted officer. According to the prosecution, the accused consented to be searched by the police officer. He was carrying a bag in which there was another bag containing charas. It was weighed and found to contain 1 kg. and 900 grams of charas. Two samples weighing 25 grams each were separated. The samples and the bulk charas were packed into separate parcels and sealed. Specimen impressions of the seal were taken on four pieces of cloth. Search and seizure memo, was prepared. The accused was arrested and grounds of arrest were communicated to him in writing. A written report was prepared and sent to police station for formal registration of the case. Consequently, case FIR No. 73 of 2004, was registered against the appellant.