MUNNA ALI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 29th and 31st January, 1996 passed by the learned Addl. Sessions Judge convicting the appellant for offence under Section 20 of Narcotic Drugs & Psychotropic Substances Act (for short the 'Act') and sentencing him to RI for 10 years and a fine of Rs. one lac and in default of payment of fine RI for 1/1-2 years.

(2.) Briefly, the facts are that the SHO, Police Station Kashmere Gate alongwith SI Ram Singh and Cts. Rajinder Singh, Ravinder Kumar and Bali Ram were on patrolling duty in Government vehicle, at about 8.30 p.m. they were present at Boulvard Road Chowk, secret information was received by SI Ram Singh that a person wearing particular clothes was standing at Mini Bus Stop at ISBT having charas in a bag. This information was reduced into writing. The said SI organised a raiding party joining one Ashok Kumar a public witness and Constables with him; the appellant was apprehended at Mini Bus Stop ISBT on the pointing out of the informer at about 8.45 p.m. ACP who was called by the SHO also reached there and joined the raiding party. A notice under Section 50 of the Act was given to the accused but he declined to be searched in the presence of a Gazetted Officer or a Magistrate. The accused was carrying a bag. The search of his bag was taken by S.I. Ram Singh in the presence of ACP, S.H.O. police constables and the aforesaid public witness; in another polythene bag in it 8 Kgs. and 200 Gms. of charas was recovered which was seized. Sample of 200 Gms. charas was taken and the sample and the remaining charas were converted into two separate parcels, both sealed with the seals of RS of the IO and CMI of the SHO. Form CFSL was filled in and the case property was taken into possession by S.H.O. who deposited the same in Police Malkhana and in due course CFSL report was obtained which gave positive test for charas.

(3.) The appellant was put to trial for charge under Section 20 of the Act. PW-2 Inspector Chander Mohan (SHO), PW-4 Mohan Kudesia (ACP), PW-5 Ashok Kumar, public witness; PW-6 Ram Singh Inspector (formerly SI); PW-7 Ct. Rajinder Singh and PW-8 Ct. Ravinder Kumar appeared and deposed as eye-witnesses about the search, recovery and arrest of the appellant, besides PW-1 the Malkhana Moharar with whom the case property was deposited and PW-3 SI Khushi Ram as Duty Officer who registered the FIR. The accused in his statement under Section 313 Cr.P.C. denied that any such contraband was recovered from his possession. He took the plea that he was a labourer/coolie working at Mini Bus Stop ISBT, he was caught by the police from there, taken to the police station, falsely implicated in this case and nothing was recovered from his possession.