DEV RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal arises out of the judgment of learned Sessions Judge, Kullu dated March 14, 2002 whereby the respondent, hereinafter referred to as "the accused", has been convicted for an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act for short) and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of rupees one lakh. In case of default in the payment of fine, the accused is to suffer further imprisonment for one year. Prosecution case.

(2.) ON September 10, 2001, a Police Party headed by then Sub-Inspector S.H.O. Sanjay Kumar of Police Station, Banjar consisting of Assistant Sub-Inspector Narain Singh (PW-8), Head Constable Narain Singh (PW-7), Head Constable Chaman Lal (PW-1), Constable Tek Singh (PW-2) and Uttam Singh, Lance Head Constable Hari Singh was on routine patrol duty in an official vehicle. A naka was set one km. short of village Barnagi. At about 5.45 in the morning hours, accused was spotted coming from Bather side. Accused on seeing the Police naka turned back and started walking towards opposite direction. Head Constable Narain Singh became suspicious. Accused was intercepted, overpowered and taken into custody. As the place was isolated and remote, therefore, no witness could be associated. Head Constable Narain Singh informed the accused that he suspects him in possession of charas and whether he would opt to be searched in the presence of a Magistrate or a Gazetted Officer. However, accused consented to be searched by the Police by Memorandum Exhibit PA. Head Constable Narain Singh after giving his own search to the accused, searched the person of the accused and found a packet containing Charas in the form of tablets and small sticks under the armpit of the accused. The accused was wearing a pull over. The Charas so recovered was weighed and found to be one kg. Three samples of 25 grams each were drawn from the recovered Charas. All the three samples were sealed separately. The remaining Charas was also packed and sealed in another packet. All the parcels were sealed with three seals of impression "T". Seizure memo Exhibit PC was prepared. N.C.B. Form Exhibit PW7/A was filled in triplicate. A seal impression was also affixed on the N.C.B. Form. Accused was informed of the offence committed by him and the punishment provided. Ruka Exhibit PW7/A was prepared by Head Constable Narain Singh and sent to the Police Station Banjar through Constable Tek Singh (PW-2) for registration of the case which led to the recording of the FIR Exhibit PW5/A in the Police Station by M.H.C. Mohan Lal (PW-5). The case property consisting of three samples and the remaining Charas, N.C.B. Form, sample seal were deposited, with M.H.C. Mohan Lal for keeping it in safe custody in the malkhana. Special Report was sent to the Deputy Superintendent of Police, Kullu. One of the samples was sent to the Chemical Examiner CTL Khandaghat, who by his report on the N.C.B. Form Exhibit PW7/E opined that the sample contained contents of Charas.

(3.) DISSATISFIED , the accused is in this appeal.