FANKI RAM Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal stands directed against the judgment rendered on 07.05.2007 by the learned Sessions Judge, Solan, H.P. in Sessions trial No. 2-S/7 of 2007, whereby, the learned trial Court convicted the accused/appellant herein for his committing an offence punishable under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as NDPS Act) and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 10,000 and in default of payment of fine amount to further undergo rigorous imprisonment for a period of six months.

(2.) The facts relevant to decide the instant case are that on 4.9.2006, ASI Deva Nand along with other police officials of the C.I.A. staff had left Solan at about 30 p.m. and had gone to Kunihar on routine checking and detection of crime. When they reached at Kunihar bus stand, a secret information was received by ASI Deva Nand that Fanki Ram son Shri Balak Ram, resident of Village Jabal Jhamrot, Post Office, Koti, Tehsil Kasauli, keeps and sells charas in his house and if his house is checked charas in large quantity can be recovered. Finding the information reliable ASI Deva Nand recorded the reasons of belief and sent it to S.P. Solan through C. Ajay Kumar, which were received by S.P. Solan on the same day at 5.30 p.m.. Thereafter they proceeded towards the house of the accused and on the way two independent witnesses Pritam Singh, Up Pardhan and Om Parkash were associated and police party reached the house of accused where he was found present in his court yard. No person was present with him at that time. He was apprised of the reasons for search. Asi Deva Nand told him about the information and had asked him if he wanted his personal search to be effected before a Magistrate or a Gazetted Officer but he agreed to be searched by the police. His search was then effected by the police party after giving their personal search to the accused but nothing incriminating was found on his personal search and thereafter the search of the house was effected and during the search of the house, a plastic container on which word "mint" was written was found under the bed box which was kept in the main gallery. The container was taken out and opened. It was found containing charas in the forms of wicks. It was tested by smell by ASI Deva Nand and found it giving smell of charas and identification memo was prepared in this regard in the presence of both the witnesses. The weighing scale and weights were procured from the shop of one Sant Ram and the charas was weighed in presence of the witnesses and on weighment, it was found 450 grams. Two samples of 25 grams each were drawn and then were put into two separate empty cigarettes packets and sealed in cloth parcels separately and the remaining charas was also sealed in separate cloth parcel with same seal "K". ASI Deva Nand also took sample impressions of the seal used, filled NCRB forms in triplicate and the case property was taken into possession in presence of the witnesses through recover memo. Consequently, an FIR was registered in the concerned police station. Thereafter, the Investigating Officer concerned completed the codel formalities.

(3.) On conclusion of investigation(s), into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed before the learned trial Court.