- (1.) The appellant was convicted under Sections 8/18, 8/20(B)(ii) and 8/20(B)(i) of the Narcotic Drugs Psychotropic Substances Act and sentenced to 10 years R.I. and fine of Rs. 1,00,000/- and in default thereof to undergo R.I. For two years. He is before us by way of special leave.
(2.) The prosecution story is as under: On 11th September, 1999 at about 7.00 a.m., PW.11 Ram Chander, SHO, Kotwali Fatehpur and several other police officials raided the house allegedly belonging to the appellant to arrest Pankaj his son in some criminal matter, and as they approached his residence, they saw the appellant who was present attempting to run away. He was however apprehended and the house entered and searched and a huge quantity of Charas, opium and Gaanja were recovered from under a mattress in a newly constructed room. The S.H.O. sent information to the Superintendent of police, Seekar and completed the other formalities relating to the search & seizure. Several independent witnesses were also called to countersign the search memos. The contraband recovered was sent to the Malkhana and thereafter for analysis to the Laboratory and a report was duly received. On completion of the investigation the appellant was charged for the offences above-mentioned and as he pleaded innocence, he was brought to trial.
(3.) The prosecution in support of its case examined 14 witnesses in all; the primary ones being PW.3 and 13, said to be independent witnesses to the search and seizure, PW.12 an Engineer from the Department of Telecommunication and PW.14 from the Electricity Department to identify the house as belonging to the appellant, and the investigating officer, PW.11 Ram Chander. The trial Court recorded a finding that the ownership and possession of the contraband in question had been proved beyond doubt, in the light of the fact that the witnesses had deposed that the recovery had been made from the house belonging to and in possession of the appellant and that the samples of the contraband had been properly sealed and kept in proper custody and having held as above, convicted and sentenced the appellant. An appeal taken to the High Court by the appellant did not succeed. The matter is now before us by special leave.;