DEVI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT Devi Ram is aggrieved by the judgment of the trial Court, whereby he has been convicted of offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.40,000/-, in default of payment of fine to undergo rigorous imprisonment for a further period of six months.

(2.) PROSECUTION case may be summed up thus. On 14.1.2006 some Police officials of Police Station, Solan, went towards Rajgarh road. PW-12 ASI Yashwant Singh and PW-4 Constable Chaman Lal were among them. Around 10 a.m. when the Police officials were present at a place near Senta Roza Hotel, Bus No.HP-14-2897 came from Pankafur side. The bus was got stopped for checking the passengers and their baggage. Two parties, one headed by PW-12 ASI Yashwant Singh and the other headed by one Sub Inspector, Whether reporters of the local papers may be allowed to see the judgment? entered the bus. The party headed by PW-12 Yashwant Singh entred the bus from the rear window while the other party entered from the front window. PW-12 ASI Yashwant Singh associated with him Constable Chaman Lal (PW-4) and another Constable named Sita Ram and started doing checking of passengers and their baggage from the rear side. Appellant was occupying seat No.30. On seeing the police, he got frightened and started trembling. That aroused the suspicion of PW-12 ASI Yashwant Singh that the appellant might be carrying some contraband. So, he told him that it was intended to search his person and in case he so desired search could be conducted in the presence of a Magistrate or Gazetted Officer. The appellant opted to be searched on the spot. PW-12 ASI Yashwant Singhs then associated with him two passengers, namely PW-1 Bhag Singh and PW-2 Ajit Singh, as also the conductor of the bus PW-3 Surjeet Singh, as independent witnesses of search. Constable Sita Ram and Constable Chaman Lal (PW-4) were already with him. The appellant was having a bag with him, which he had kept on his thighs. The bag was opened and it was found to contain a polythene bag in which there was Charas in the shape of balls and sticks, which on weighment was found to be 800 grams. Two samples, each weighing 25 grams, were separated. The samples and the bulk Charas were made up into three separate parcels. The parcels were sealed with a seal which produced the impression of letter 'T' of English alphabet. One of the two samples was lateron sent to the Chemical Examiner, who reported that it contained contents of Charas, because it had 32.55 per cent resin.

(3.) LEARNED counsel representing the appellant argued that none of the three independent witnesses supported the prosecution version and that the testimony of the Police officials, namely PW-12 ASI Yashwant Singh and PW-4 Constable Chaman Lal, was contradictory and full of infirmities and, hence, not believable.