TAPE RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Convict Tape Ram son of Sh.Tota Ram, who stands convicted for having committed an offence punishable under the provisions of Sec. 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 Whether reporters of the local papers may be allowed to see the judgment? and to pay fine of Rs.1,00,000.00 (rupees one lac) and in default thereof, to further undergo simple imprisonment for a period of one year, lays challenge by way of present . appeal filed under Sec. 374 Cr.P.C., to the impugned judgment dtd. 13/7/2018, passed by Special Judge-II (Additional Sessions Judge), Kullu, H.P., in Sessions Trial No.45 of 2016, titled as State of Himachal Pradesh vs. Tape Ram.

(2.) The Trial Court, considering the produced by the prosecution, notwithstanding the fact that r evidence the independent witnesses to the recovery did not fully support the prosecution, otherwise finding the testimonies of the police officials to be convincing in nature, convicted the accused in relation to a charge arising out of FIR No.93, dtd. 28/4/2016 (Ex.PW.11/A).

(3.) In short, it is the case of prosecution that in the early hours of 28/4/2016, police party, comprising of HC Suraj Thakur (PW.3) and HHC Bhim Sen (PW.10), headed by HC Bhupender (PW.11) left Police Station Kullu on a routine checking duty. At a place known as Chanal Behar, police party laid a Nakka for general routine checking. At about 6.15 am, they noticed a person carrying a bag on his right hand. Seeing the police party, said person hid the bag behind the pine tree. On apprehension, finding the behaviour of the said person to be suspicious in nature, he was apprehended. Since no plausible and convincing information with regard to his presence on the spot was . forthcoming, HC Bhupender (PW.11), suspecting that the accused may be carrying some contraband, instructed HC Suraj Thakur (PW.3) to fetch independent witnesses. Accordingly HC Suraj Thakur telephonically contacted Chander Pal (PW.1) and asked him to reach the spot Chander Pal r (PW.1) to alongwith another independent witness. At about 7.10 am and Inder Singh (PW.2), both independent witnesses, reached the spot, whereafter in their presence, the bag was searched, from which contraband substance which appeared to be charas was recovered. The same was weighed and found to be of 2 kg. The accused was searched; NCB form in triplicate (Ex.PW.9/B) were filled up; and the contraband substance taken into possession vide memo (Ex.PW.1/J). Thereafter, Rukka (Ex.PW.3/A) was prepared and sent through HC Suraj Thakur (PW.3) to the Police Station for registration of FIR. On the basis of Rukka, Inspector/SHO Anil Kumar (PW.13) registered the FIR and handed over the same to HC Suraj Thakur for being carried to the spot, which was so done by him. Upon receipt of the FIR, recovery proceedings were completed on the spot, whereafter police party, after arresting the accused, returned to the Police Station where the case property was entrusted to Inspector/SHO Anil Kumar (PW.13), who after resealing the same with . impression of seal 'C', entrusted the same to MHC Gajender Pal (PW.9) alongwith the NCB form. Special Report (Ex.PW.6/A) was prepared, which was carried by HC Nirat Singh (PW.6) and handed over to Dy.S.P. Shiv Chaudhary. Contraband substance was taken to the laboratory for chemical analysis by C. Sunil Mahant (PW.12) and report thereof (Ex.PW.11/F) obtained by C. Karamjor Negi (PW.4).