DOLA SINGH Vs. STATE OF H P

JUDGEMENT

(1.) Criminal appeal No.669 of 2008 has been preferred by Dola Singh (appellant herein) against the judgment passed by learned Special Judge, Kullu, H.P. in Sessions Trial No.3 of 2008, convicting the appellant for offences punishable under Sections 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and the second appellant Pune Ram for the offence punishable under Section 29 of the NDPS Act. Criminal appeal No.670 of 2008 has been preferred by appellant Pune Ram against the same judgment.

(2.) The prosecution case, in brief as pleaded before the learned trial court, is that a police party consisting of Constable Gudu Ram (PW.4), Head Constable Uttam Chand (PW.5), headed by Inspector Jagdish Chand (PW.6), SHO Police Station, Banjar, were proceeding towards Palachh on 29.9.2007 at around 7.30 A.M. They were travelling in a police jeep and when they reached near Palachh Mod, both the accused were spotted while they were coming from Palachh side. On noticing the police jeep, they tried to run away from the spot which excited the suspicion of the police party, who chased and caught them. On being searched, a bag containing 2.500 kilograms of charas and 500 grams of opium were recovered from Dola Singh. The proceedings were completed on the spot, Ruqa was sent for registration of the case and the samples were sent to the Chemical Examiner for analysis. Thereafter, challan was put in the Court.

(3.) Appellant Dola Singh was charged for having committed offences punishable under Section 20 and 18 of the NDPS Act and appellant Pune Ram was charged for having committed offence punishable under Section 29 of the NDPS Act.