VARINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant assails the order reversing his acquittal and convicting him under Section 20(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act"), sentencing him for 20 years, along with fine of Rs. 2 lacs, with a default stipulation.

(2.) The appellant is stated to have been apprehended on 31.03.1995 carrying "charas" on his scooter, in two gunny bags, with varying quantities. The Trial Court acquitted the appellant on grounds of non-compliance with Section 100(4) of the Code of Criminal Procedure, with regard to independent witnesses. Further, there had been non-compliance with Sections 50, 52 and 57 of the NDPS Act, and that the seal prepared at the time of seizure and handed over to PW-5, Naresh Kumar had not been produced in the court.

(3.) The High Court, reversing the acquittal held that the seals prepared at the time of seizure, and also at the time of deposit in the Malkhana had been produced and marked as Exhibits PH and PK. The chemical examiners report confirmed the seized material as "charas". The seizure of the contraband being from gunny bags, Section 50 of the NDPS Act had no application. Merely because the two independent witnesses were not from the same locality, would not ipso facto amount to violation of Section 100(4), Cr.P.C.