HEMANT GUPTA,J. - (1.) The present appeal is directed against an order passed by learned Judge, Special Court, Jalandhar on 05.02.2011 convicting the appellant for an offence under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced him to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 1 lakh and in default of payment of fine to further undergo rigorous imprisonment for 2 years.
(2.) The prosecution case was set in motion on the basis of ruqa Ex.P1 sent by Sub Inspector (for short 'SI') Satpal Singh, Police Station Maqsudan on 29.01.2009 to Station House Officer (for short 'SHO'), Police Station Maqsudan. The ruqa is that secret information was received that one Manoj Kumar @ Monu son of Satish Kumar resident of Mohalla Gajji Gulla near Workshop Chowk, Jalandhar and Pawan Kumar son of Kanwar William resident of New Shastri Nagar, Jalandhar are coming in Indica Car No.PB10-BA-6905 from Bidhipur crossing and that if checked huge quantity of charas can be recovered. On the basis of said information, the police party stopped the vehicle i.e. Indica Car No.PB10-BA-6905 when it arrived at the check barrier at 6.45 AM. The vehicle was stopped in which two clean shaven persons were sitting. One of them was driving the vehicle whereas the other person was sitting parallel to the driver seat. On seeing the police party, the persons sitting in the car tried to run. Manoj Kumar, the present appellant, attempted to run with the material wrapped in a plastic coated paper. Pawan Kumar was driving the car. Both the accused were over-powered. The person who had parcel with him, disclosed his name as Manoj Kumar @ Monu son of Satish Kumar, whereas the other person disclosed his name as Pawan Kumar son of Kanwar William. An option was given to the accused as to whether they would like themselves to be searched through Gazetted Officer but the consent was given by the accused that they have no objection if they are searched by SI. On search, heavy envelope kept in the hands of Manoj Kumar was found to be containing charas. A sample of 100gm was taken and put in a small glazed envelope whereas the remaining charas weighing 5kg 900gm was sealed in a separate parcel. The seal was handed over to Head Constable Dilbagh Singh. Thus, the accused was found to have committed offence under Section 20 of Act. There is a mention in the FIR that attempt was made to join independent witnesses from the public but none joined.
(3.) After completion of necessary formalities including the report (Ex.PZ) of the Forensic Science Laboratory that the sample was identified as charas, report under Section 173 of the Cr.P.C. was finalized and the appellant was made to stand trial for an offence punishable under Section 20 of the Act.;