JEET RAM Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment, of, 22.9.2006 rendered by the learned Additional Sessions Judge Solan, in, sessions trial No. 24 NL/7 of 2002, whereby he convicted the appellant (hereinafter referred to as "accused") for his committing an offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "ND & PS Act") also sentenced him as follows:-

(2.) Brief facts of the case are that on 25.8.2002 at about 2.30 p.m. when the police patrolling party consisting of PW-8 SI Ananat Ram, HC Prem Lal, C Gurmail Singh, C Inder Singh and LC Pushpinder Kaur were present at place Gaguwal, they received secret information that the accused is indulging in illicit trade of opium. Upon this, SI Anant Ram prepared the reason of belief and sent the same to SDPO Parwanoo through C Gurmail Singh. Thereafter the police party associated independent witnesses namely Rattan Lal and Shamsher Singh in the investigation and proceeded to the house of the accused and reached there at 2.45 pm. The accused was found present in his house and SI Anant Ram apprised the accused that he has a legal right to get his personal search conducted either before a Magistrate, gazetted officer or by the police party and accused gave his consent in writing that he was ready to give his search to the police party in the presence of the aforesaid independent witnesses. On the personal search of the police party to the accused, nothing incriminating was recovered from them. Thereafter the personal search of the accused was conducted and from the pocket of the jacket worn by the accused at the relevant time a polythene packet containing 80 grams of opium was recovered, memo Ex.PW-1/D was prepared in this regard. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused, challan was prepared and filed in the Court.

(3.) The accused stood charged by the learned trial Court for his committing an offence punishable under Section 18 of ND & PS Act, to which he pleaded not guilty and claimed trial.