BELI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment shall dispose of an appeal filed by the appellant under Section 36 B of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the N.D.P.S. Act read with Section 374 Cr.P.C., against the judgment passed by the learned Sessions Judge, Mandi, vide which the appellant was convicted and sentenced under Section 20 of the N.D.P.S. Act to suffer rigorous imprisonment for three years and to pay fine of Rs.30,000/-. In case of default in the payment of fine, the appellant was to further undergo imprisonment for six months.

(2.) BRIEFLY stated the facts of the case are that on 10.1.2003 H.C. Moti Ram alongwith H.C. Narpat Ram, constables Dhan Dev, Thakur Singh and constable Kuldip Singh were present at Bindrabani, check post, in connection with patrolling and traffic duty. At about 8.00 pm, a bus came from Kullu side which was stopped by the police party for routine check up and the luggage of the passengers was checked by the police. Police party found that a person was sitting at seat No. 25 who became nervous on seeing the police. H.C. Moti Ram made enquiries and gave him an option under Section 50 of the Act to get himself searched either from the Magistrate or Gazetted Officer who gave his option to be searched by the police. Thereafter, the Investigating Officer gave his personal search in presence of the witnesses and the police officials conducted the personal search of the accused and from pocket of the jacket of accused, 3 polythene packets were recovered containing Charas in stick shape. The packets were weighed and it was found to be 400 grams Charas and two samples of 25 grams each were taken. According to the procedure, the Investigating Officer completed the formalities at the spot and sent the Ruka for registration of the case on which F.I.R. was registered and after investigation, the challan was filed before the Court. The learned Sessions Judge framed charge under Section 20 of the N.D.P.S. Act against the appellant and tried him resulting in conviction and sentence as detailed above.

(3.) THE first point taken by the learned counsel for the appellant was that PW7 LHC Narpat Ram, a member of the raiding party held a grudge against the appellant for which a F.I.R. was also registered and at the instance of LHC Narpat Ram, the appellant was involved in a false case by the police party. A perusal of the record of the case shows that such suggestions were put up to the Investigating Officer PW-13 H.C. Moti Ram who denied his knowledge in this regard. A perusal of the statement of said Narpat Ram,LHC as PW-7, shows that he admitted that he was posted at Police Post Bali Cowki in March, 2001. However, he denied the suggestion that he alongwith H.C. Karam Singh falsely involved accused and one Suresh Sharma of Hamirpur in a case under Sections 353 and 186 I.P.C. on 15.3.2001. He also denied his knowledge that the said case is still pending trial in the Court of Judicial Magistrate, Chachiot at Gohar and he was one of the witnesses cited in that challan. He also stated that he does not remember whether his statement was recorded in the said case but denied the suggestion that due to aforesaid episode he turned inimical towards the accused and as such was in search of an opportunity to implicate him falsely. He denied that he had got involved the accused in this case as a result of said enmity.