RAM SINGH Vs. STATE OF H. P.

JUDGEMENT

(1.) THIS is an appeal preferred by the accused against his conviction passed by the learned Sessions Judge, Kullu, in Sessions Trial No.74/2003 decided on 5.5.2004, whereby the appellant was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. One lakh, under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short the Act, having been found in his possession 6.500 kilograms of Charas. PROSECUTION CASE

(2.) SUCCINCTLY , the facts giving rise to the appeal are that on 10.3.2003, a police party headed by ASI Lekh Ram and accompanied by H.C.Krishan Lal (PW1), H.C.Kanhaya, C.Ugam Singh (PW2), L.C.Uma, L.C.Maya Devi and L.C. Harsh Lata, were on patrolling and detection of crime. At about 8.15 A.M. they spotted the appellant coming from the side of village Sainj with a bag hung on his right shoulder, at the place known "Shara". On seeing the police he returned and tried to escape walking briskly. This aroused the suspicion of the police party, thus he was over-powered and was asked about his identity. Since it was a secluded and isolated place and there was no locality, no independent witness was available. However, PW-1 Krishan Lal and PW2 Ugam Singh, Constables were associated as witnesses.

(3.) ON the spot, the NCB form Ex.PW4/C was prepared in triplicate. The appellant was informed of the grounds of arrest and a ruka Ex.PW6/A was sent through C.Ugam Singh (PW2) to the police station for the registration of the case, on the basis of which FIR Ex.PW4/A was formally registered.