HET RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant, Het Ram herein is a convict. He has been convicted by learned Special Judge-II Kinnaur at Rampur Bushehar, H.P. for the commission of an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "NDPS Act", in short) and sentenced to undergo rigorous imprisonment for 10 years with fine of Rs. One lac, vide impugned judgment dated 19/20.6.2017.

(2.) A case under Section 20 of the NDPS Act was registered against him in Police Station Kumarsain, District Shimla vide FIR No. 10/2016 with the allegation that on 23.1.2016, police party headed by PW-8 ASI Hem Chand comprising HHC Mela Ram (PW-7) , HHC Sunder Singh and HC Kuber Chand (PW-1) left Police Station at 12:10 PM in his private car for detection of crimes under the NDPS Act towards Bithal, Singhapore and Kingal side. At the instance of PW-8 rapat Ext. PW-5/A to this effect was entered in the rapat Rojnamcha. It is around 3:00 PM, when the police party reached at Chil more (Chil curve) , the accused was noticed coming on foot from Luhri side. On seeing the police party, he tried to flee away but of no avail as he was overpowered there and then. On enquiry, the accused disclosed his name and other antecedents. He was holding a red coloured bag (Ext. P-3) having mark "NEIZAR INDIA RICE" photograph whereof is Ext. PW-8/C-1. PW-3 Jagat Ram arrived at that place in his maruti car bearing registration No. HP-03-0871 from Kingal side. The I.O (PW-8) apprized him about the circumstances prevailing on the spot and requested him to associate himself with the police to witness the search of the bag. The bag was checked in the presence of PW-3 Jagat Ram and black coloured substance (Ext. P-8) in the shape of sticks wrapped in transparent polythene wrapper was recovered therefrom. PW-8 ASI Hem Chand, on the basis of his experience found the same to be cannabis. PW-1 Kuber Chand was deputed to bring weight and scale from the shop of PW-3 Jagat Ram. The same were brought and the recovered cannabis weighed therewith. The same was found to be 600 kgs.

(3.) The recovered cannabis was put in a parcel of cloth Ext. PA which was sealed with 9 seals of impression "T". The sample of seal "T" Ext. PW-1/A was drawn on a piece of cloth. The entries in various columns of NCB form Ext. PW-4/C were filled in triplicate. The impression of seal "T" was also affixed thereon. Seal after its use was handed over to PW-3 Jagat Ram. The recovered contraband along with sample seal and other documents were taken into possession vide memo Ext. PW-1/B. It is thereafter rukka Ext. PW-8/A was scribed and sent to Police Station through PW-7 HHC Mela Ram for the registration of case. On the basis of rukka, FIR Ext. PW-4/B came to be registered in Police Station Kumarsain. The I.O. has thereafter prepared the spot map Ext. PW-8/B and also taken the photographs i.e. Ext. PW-8/C-1 of the bag Ext. P-3 and the remaining photographs PW8/C-2 to PW-8/C-6 to prove search and seizure having taken place on the spot. The accused after interrogation was arrested. The grounds of arrest were disclosed to him vide memo Ext. PW1/C. The statements of the witnesses were also recorded on the spot.