TULSI RAM Vs. STATE OF H P

JUDGEMENT

(1.) The appellant has filed this appeal against his conviction and sentence imposed upon him for offences under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act"). The appellant has been sentenced to undergo rigorous imprisonment for ten years and fine of Rs. one lac, in case of failure to pay the fine, rigorous imprisonment for a further period of two years.

(2.) The case of the prosecution in brief is that on 1-1-2004 a police party comprising of Kanwar Singh Guleria, SI/SHO, Police Station, Arki. (PW 4), had gone to village Battal with some police officials on routine patrolling duty. At around 11.00 a.m., when he was present near the Panchayat Ghar, he was informed that a man whose left arm was amputated and had put up "Pattu" (shawl) around his body was carrying charas. According to the information, this man was coming from the side of village Domehar.

(3.) This information was reduced into writing by PW-4 and sent to Superintendent of Police. Solan through Head Constable Ram Lal (PW 3). At around 11.30 the appellant was noticed coming from Domehar side. He had a "Pattu" (shawl) around his shoulders. He was stopped and questioned, whereupon he disclosed his name to be Tulsi Ram. He was searched and it was found that his left arm was amputated. He was again informed that the police had information that he was carrying charas with him and that he was required to be searched and he was informed that his personal search could be conducted in the presence of Magistrate or a Gazetted Officer. The appellant consented to be searched by the police. PW-4, Kanwar Singh, gave his personal search and thereafter the accused was searched. On his body search it was found that he had tied a piece of cloth around his waist in which he had concealed charas, which was discovered after he was searched and the cloth untied from his waist and again searched, 1.950 grams charas was found. The prosecution alleges that two samples weighing 25 grams each were separated and the bulk was made up into a separate parcel. A personal search memo Ex. PB followed by memo Ex. PC, which is the memo of personal search of PW-4, S. I. Kanwar Singh, were prepared, a report of search and seizure was drawn up and sent to the police station through HC Amar Lal (PW-10). The contraband was seized vide Memo Ex. PD and deposited in the Malkhana and on the following day sent to the Chemical Examiner along with the NCB Form Ex. PJ which had been filled-in on the spot. The report Ex. PJ/1 states that the contraband which was sent, was charas. The appellant was sent for trial for offences under Section 20 of the Act. On considering the totality of the evidence, he was convicted by the learned trial Court for offences under Section 20(c) of the Act and sentenced to undergo ten years rigorous imprisonment, fine of Rs. one lac and in default rigorous imprisonment for a further period of two years.