JAI PAL Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellants have assailed the judgment of their conviction and sentence, passed by the learned Special Judge (Fast Truck Court), Kullu, in Sessions trial No. 42 of 2007 decided on 23.4.2008, under Section 20 of the Narcotic Drugs and Psychotropic substances Act, 1985, in short the Act - for allegedly having in possession of 1 Kg. Charas each by Jai Paul and Duni Chand 800 grams by Ved Singh, appellants.

(2.) PRECISELY the case of the prosecution is that on 25.5.2007 at about 2.30 p.m., the police party headed by SI Ram Karan was on patrolling duty in police vehicle in Jibhi area. On seeing the police vehicle, the appellants coming on foot got scared and concealed themselves behind a pine tree at the place known as a Chiladhar. It caught the attention of the police party, they got suspicious. They stopped their vehicle and encircled the appellants. In the meanwhile a Taxi bearing No. HP -01K -0826 being driven by PW1 Hardayal Singh came from Chehni side. Hominder Dutt was sitting besides the driver in the said Taxi. The police included both S/Shri Hardayal Singh (PW1) and Hominder Dutt in the investigation of the case and asked the identity of the appellants in their presence. The police suspected the contraband in their possession, as such, SI Ram Karam informed them about their rights to be searched in presence of the Magistrate or the Gazetted Officer.

(3.) BEFORE conducting the search of the appellants, SI Ram Karan SHO Banjar, rendered himself to be searched by the appellants, but nothing offensive was found in his possession. To this effect, document Ex.PP was prepared.