DEVI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal arises out of the judgment dated 15.3.2007 passed by the Special Judge, Mandi, H.P., in Sessions Trial No. 34 of 2004, titled as State of H.P. v. Devi Ram, convicting the accused of the charged offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act and sentencing him to undergo rigorous imprisonment for 8 years and a fine of Rs. 80,000/ - and in default thereof to further undergo imprisonment for one year.

(2.) On 2.2.2004 ASI Madan Lal (PW -8), HC Gandhi Ram, Constable Munshi Ram, Vijay Kumar and Sant Ram (PW -3) were on traffic checking duty at Khoti Nalah when at about 2.15 p.m. a private bus bearing No. HP -39 -6565 which was on its way from Kullu was stopped by the police part by giving signal. Shri Parveen Singh (PW -1) and Shri Karam Singh (PW -6) were the driver and conductor of the bus at the relevant time. The bus was stopped by them and PW -8 along with other police officials started checking the documents of the bus. They along with PW -1 and PW -6 entered the bus and started checking the passengers and their luggage. When the police party reached seat Nos. 35, 36 and 37, they found that the accused who was occupying the seat alone had kept a bag on his legs. The bag was checked and it was so found that the accused was carrying charas in the form of sticks. Shri Sant Ram (PW -3) was deputed by ASI Madan Lal to arrange the balance along with scale which was procured from the shop of Tej Ram (PW -2). The contraband was weighed and the weight was found to be one Kg. Two samples of 25 gms. each were prepared and sealed separately and seal ˜T was affixed thereupon by PW -8 at 6 places. Remaining contraband of 950 gms. (Ext.P -7) was sealed and kept separately in a polythene bag Ext.P -6 and again put and kept in the bag Ext.P -5. The same was also sealed. The sealed sample along with the specimen of seal, was obtained on the piece of cloth and handed over to Shri Karam Singh. The contraband was recovered vide recovery memo Ext.PA which was witnessed by PW -1 and PW -6. NCB form Ext.PK was filled up at the spot. Form of search and seizure was also prepared and signed by the witnesses and the accused. Rukka Ext.PG prepared by PW -8 was sent through PW -3 to police station for registration of the case which was handed over to MHC Raj Kumar (PW -7) and FIR No. 16/2004 (Ext.PH) dated 2.2.2004 was registered with Police Station Aut, Distt. Mandi, H.P. under Section 20 of the Narcotic Drugs and Psychotropic Substances Act. PW -3 handed over to the file to PW -8 and further proceedings were carried out at the spot. Special report Ext.PC was also sent on 3.2.2004. Case property was handed over in safe custody to SHO Dabe Ram (PW -5). One sealed sample was sent for chemical analyses to CTL, Kandaghat along with the FIR, NCB and other documents. After the receipt of the report, the challan was presented in the Court for trial. The accused was charged for an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, to which he did not plead guilty and claimed trial.

(3.) In order to provide its case, the prosecution examined 8 witnesses and the statement of the accused under Section 313 Cr.P.C. was also recorded. The accused took the defence of false implication.