POSHU RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) '' This Criminal Appeal has been filed by the accused -appellant against the judgment and order dated 18.3.2005 passed by the Sessions Judge, Kullu vide which the accused -appellant was convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as NDPS Act) and was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 30,000/ - and in default of payment of fine to further undergo rigorous imprisonment for 1 -1/2 years.

(2.) AS per the case of the prosecution, on 11.12.2003 ASI Ringchen Gialchen alongwith Head Constable Chaman Lal and lady Constable Geeta Devi, was on patrol duty towards Parla Bhunter and at about 7.30 p.m. when they were patrolling near the office of National Hydro Power Corporation (NHPC), accused -appellant Poshu Ram was spotted coming from the side of Senior Secondary School, Bhunter with a bag on his shoulder. On seeing the police party he retreated and started running but was overpowered by the police party. Sher Singh PW -1 was joined in the investigation and in his presence accused -appellant disclosed his name as Poshu Ram. The bag, which accused -appellant Poshu Ram was carrying on his shoulder, was checked and on checking, it was found to contain a polythene packet in which Charas was found wrapped. The said Charas was weighed and it was found weighing 850 gms. Two samples of 25 gms. each were separated, packed and sealed and thereafter the remaining charas was also duly sealed and the said parcels along with bag were taken into possession vide recovery memo, Ex.PW -1/A. One copy of the recovery memo was given to appellant Poshu Ram. Ruka was sent to the Police Station for registration of the case and the accused -appellant was formally arrested in this case and rough site plan was prepared on the spot and the statements of witnesses were recorded under Section 161 Cr.P.C. On reaching the Police Station, ASI Ringchen Gialchen produced the case property alongwith sample seal and the forms etc. before SI Kamla who resealed the parcels with his seal, completed the formalities and also took out sample. Thereafter, the case property was depos ited with the MHC alongwith forms and the sample seals. One sample alongwith sample seals and form in triplicate, was sent for chemical analysis. In the meanwhile, on 12.12.2003 the Investigating Officer handed over special report to the Dy. S.P. Headquarter in his office. On receipt of the report of the Chemical Examiner opining that the sample was found to contain Charas, final report under Section 173 Cr.P.C. was prepared and the challan was submitted in the Court.

(3.) AFTER hearing both sides and perusing the record, the learned Sessions Judge convicted and sentenced the accused -appellant, as stated above, vide judgment and order dated 18.3.2005. Aggrieved against the same, accused -appellant filed the present appeal in this Court.