RAJ PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 1-8-2002 passed by the learned Sessions Judge, Kullu whereby the appellant/accused (hereafter referred to as the accused) has been convicted under Section 20 of the NDPS Act (hereinafter referred to as the Act) and has been sentenced to rigorous imprisonment for three years and to pay a fine of Rs. 10,000/- and in default of payment of fine to suffer further imprisonment for two months.

(2.) Prosecution case against the accused in brief is that on 19-1-2002 A.S.I. Gian Chand of Police Station, Banjar (P.W. 6) along with HHC Sham Singh (P.W. 5), Constable Sunil Kumar (P.W. 4) and HC Sunil Kumar had laid Naka at a place near Bihali. At about 7.30 a.m. they saw the accused coming from Sainj side. On inquiries the accused revealed his name and address. Getting suspicious thataccused might be in possession of "Charas". P.W. 5 gave option to the accused as to whether he would like to be searched in the presence of a Magistrate or a Gazetted Officer vide Memo Ext.P.W. 4/A and the accused opted to be searched by the police present on the spot. P.W. 6 then gave his search to the accused and nothing incriminating was found on such search Memo Extt. P.W. 4/B. Thereafter P.W. 6 conducted personnel search of the accused and on such search a cloth bag concealed under his left armpit covered with pullover was found. The packet so found contained a polythene bag containing "Charas" in the shape of stricks and tablets. "Charas" so recovered on weighing was found 700 grams. After separating two samples of 25 grams each from the recovered "Charas". the samples and the bulk "Charas" were packed and sealed in separate packets with seal "D". NCB form Ext.P.W.3/A in triplicate was prepared. Seal after use was handed over to P.W. 5. The sample packets and packet containing the remaining "Charas" were taken in possession vide Memo Ext.P.W. 4/D, a copy whereof was supplied to the accused. The accused was then apprised of the offence committed by him and the punishment provided therefor vide Memo Ext.P.W. 4/E. Whole of the aforesaid process was carried out in the presence of P.W. 4 and P.W. 5 by P.W. 6. Ruka Ext. P.W. 6/A was drawn by P.W. 6 and sent to Police Station, Banjar through P.W. 4 and on the basis of such Ruka formal F.I.R. Ext. P.W. 2/A was recorded at the said Police Station. P.W. 6 brought the case property and accused to the Police Station and produced them before S.H.O. Balwant Singh (P.W. 3) who re-sealed the case property with seal "E" and also affixed his seal impression on NCB form Ext. P.W. 3/C and signed the same. The case property was deposited by P.W. 3 with MHC Sandeep Kumar (P.W. 2) who kept it in the Malkhana vide entry Ext. P.W. 2/B of the Malkhana Register. On 20-1-2002 P.W. 2 sent a sealed sample packet along with NCB form to CTL Kandaghat vide RC Ext. P.W. 2/C through P.W. 4 who deposited the same in the CTL. P.W. 6 also prepared a special report Ext. P.W. 1/A which was delivered in the office of DSP (Headquarters) Kullu who endorsed the same and was entered in the relevant Register vide entry Ext. P.W. 1/B. On analysis the sample was found to contain contents of Charas" vide report Ext. P.W. 3/D. On completion of the investigation and being satisfied of the commission of an offence punishable under Section 20 of the Act by the accused the concerned officer Incharge of the Police Station submitted a chargesheet against the accused.

(3.) To prove the charge against the accused, prosecution examined seven witnesses. Statement of the accused under Section 313, Cr.P.C. was recorded wherein he denied the prosecution case as a whole and claimed that the case was false. The accused, however, did not lead any defence.