SUBHASH CHAND MISHRA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence of the appellant vide orders dated 30.11.1998 under Section 20 of the Narcotic Drugs and Phychotropic Substances Act, 1985 (hereinafter referred to as the 'Act' only). The appellant stands sentenced to 10 years RI and a fine of Rs. 1 lakh. In default of payment of fine, he has to undergo further RI for two years.

(2.) .I have heard learned Counsel for the appellant and learned Counsel for the State. I have gone through the Trial Court records.

(3.) The facts relevant for the disposal of this appeal, briefly stated, are that vide FIR No. 482/94 P.S. Kalyan Puri, a case under Section 20 of the Act was registered against the appellant. According to prosecution on 11.11.1994 SI Rakesh Chand of PS Kalyan Puri received a secret information. He recorded this information in daily diary and after conveying it to the SHO and ACP organised a raiding party. One public witness Jaswant Singh was also joined in. the raiding party. They reached Dalu Pura T. Point at 12.15 p.m. and took their positions. At about 2.15 p.m., the appellant came there and on the pointing out of the informer, he was stopped. ACP informed him that there was information that he was in possession of contraband and also told him that if he so wished he could be searched in the presence of a Gazetted Officer or a Magistrate. Notice under Section 50 of the Act was served upon him but he did not insist for search in the presence of a Gazetted Officer or a Magistrate. The accused / appellant was allegedly carrying a Thela in his hand from which 5 kg. of Charas was recovered. 5 gm. of Charas was taken out as sample. The sample as well as remaining Charas were sealed into separate parcels. Form CFSL was filled up and the seal after use was handed over to public witness Jaswant Singh. The sealed parcels as well as CFSL Form were handed over by the 10 to SHO who affixed his own seal on the parcels as well as CFSL Form and the case property was sent to the police station. The house of the appellant was also searched from where a scale and some weights were recovered. The report of the CFSL revealed that the sample in question was Charas. After necessary investigations a challan was filed against the appellant.