RANJAN KUMAR CHADHA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The captioned appeals are at the instance of a convict accused of the offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the NDPS Act") and are directed against the judgment and order of conviction dtd. 20/8/2010 and the order of sentence dtd. 16/9/2010 resply passed by the High Court of Himachal Pradesh in the Criminal Appeal No. 356 of 1999 by which the High Court allowed the appeal filed by the State of Himachal Pradesh and thereby set aside the judgment and order of acquittal passed by the Sessions Judge, Kullu dtd. 31/3/1999 in the Sessions Trial No. 44 of 1998. With the High Court allowing the State's acquittal appeal, the appellant herein stood convicted of the offence punishable under Sec. 20 of the NDPS Act.

(2.) The appellant was heard on the point of sentence and ultimately, the High Court vide order dtd. 16/9/2010 sentenced the appellant herein to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.50,000.00 (Rupees Fifty Thousand Only), and in default of payment of fine to undergo further rigorous imprisonment for six months.

(3.) On 23/8/1998 ASI Lal Singh (PW 14) was on patrolling duty along with Head Constable Mohan Lal (PW 12), Constable Sant Ram (PW 13) and Constable Baldev Dass (PW 6). At about 6.30 pm while they all were at Dhalpur, the ASI Lal Singh (PW 14) received a secret information that one well built person wearing a white T-shirt and green trouser was standing at the Sarwari bus stand and was ready to board a bus bound for Delhi. The information was that the said person at the bus stand had in his possession contraband in the form of charas. The secret information was recorded by the PW 14 and forwarded to the Superintendent of Police, Kullu through the Constable Baldev Dass (PW 6). The ASI Lal Singh (PW 14), HC Mohan Lal (PW 12) and Constable Sant Ram (PW 13) accordingly left for Sarwari bus stand and reached there at about 6.45 pm. The officers were able to locate and identify the said person at the bus stand carrying a bag on his shoulder. In the presence of two independent witnesses, the said person was asked to disclose his identity. The person standing at the bus stand disclosed his identity as Ranjan Kumar Chadha son of Shri Ved Parkash Chadha resident of New Delhi. As the police officials suspected that he may be carrying charas, they gave him the option of being searched before the police or before a Gazetted Officer or Magistrate. The person concerned consented to be searched before the police. Before the search of the person of the accused was undertaken, the police officials got themselves searched before the witnesses. The bag which the accused was carrying along with him was also searched. The search of the bag resulted in recovery of three polythene bags containing charas. Many other articles like the driving licence, etc. were also recovered from his bag. On being weighed, the charas was found to be 1 kg. 250 gms.