PREM BAHADUR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 18.3.2005 delivered by the learned Sessions Judge, Kullu in Sessions Trial No. 58 of 2004, whereby the appellant/accused has been convicted of having committed an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1 lac. In default of payment of fine, he has been directed to undergo rigorous imprisonment for four years.

(2.) THE brief facts relevant for decision of the case are that Inspector/SHO Jagdish Chand (PW 6) along with Head Constable Mohar Singh (PW 2) and Constable Ajay Kumar (PW 5) had gone in a Government vehicle to a place known os '16 Miles' for patrolling duty. At about 4.30 p.m., two persons came from the side of Pangan. On seeing the police party, these persons suddenly turned back and tried to run away. They were over -powered by the police party. On inquiry, they disclosed their names as Prem Bahadur and Prakash Chand. Prem Bahadur was carrying a rucksack on his back. In view of the behaviour of the two persons, the police officials became suspicious and informed them that they would be searched on the suspicion that they may be carrying some narcotic substance. They were informed of their legal right of getting searched by the Magistrate or a Gazetted Officer or by a competent police officer vide memo Ext. PW5/A and Ex. PW5/B. They opted to be searched by the police. On search of the rucksack carried by Prem Bahadur, Charas weighing 1.150 kilograms was recovered. Out of this, two samples of 25 grams each were taken and sealed with four seals bearing impression 'W'. The remaining bulk Charas along with polythene bag and rucksack were also taken into possession and also sealed with seal impression 'W'. NCB Forms in triplicate were also prepared. On personal search of Prakash Chand, nothing was recovered from him. Thereafter both the accused were apprised of the offence and a report was sent to the senior officer. Ruqa Ex. PW6/A was prepared and sent through Constable Ajay Kumar (PW5) to Police Station, Manali whereby FIR Ex. PW4/A was lodged. After completing the formalities of the investigation, the Investigating Officer handed over the case property along with sample seal and NCB forms to Head Constable Khem Chand (PW 2), who was MHC Manali for safe custody. Entry was made in the Malkhana Register Ex. 2/A.

(3.) THIS appeal was filed by the accused Prem Bahadur through Jail. We had initially appointed Shri Rajesh Mandhotra, Advocate as legal aid counsel for the accused. However, since Shri Rajesh Mandhotra, had in the meantime been appointed as Deputy Advocate General and could not argue the matter, we appointed Shri Naresh Kumar Thakur, Advocate, as legal aid Counsel.