PEHLAD ALIAS BHAGAT Vs. STATE

JUDGEMENT

(1.) This appeal by Pehlad @ Bhagat, accused/appellant is directed against the judgment dated 30th August, 1995 convicting him under Section 20 of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the 'Act') and the order of even date sentencing him to undergo R.I. for 10 years and pay fine of Rs. l,00,000.00 , passed by an Additional Sessions Judge. In default of payment of fine, he was to further undergo R.I. for I year.

(2.) Case of the prosecution as born out from the charge sheet filed under Section 173, Cr.P.C., in brief, is that on 11th September, 1991 ASI Raj Pal, Public Witness 8 alongwith HC Nafe Singh, Public Witness 5, Constables Rajeshwar Prasad and Ranjit Singh was present in connection with patrolling and prevention of crime near police booth main road, Pratap Nagar and at about 5.10 p.m., he met Bharat Bhushan Ghai, Public Witness 4. Around 5.15 p.m., an informer met Public Witness 8 and told him that a person of Sansi community having Charas would after sometime reach Sansi Basti, Andha Mughal via Ram Bagh Road, Bagichi Pirji, Road No. 40 and if a raid is conducted, Charas can be recovered from him. This information was reduced into writing by Public Witness 8 and he also organised a raiding party consisting of the said police officials with him. On being apprised about the secret informtion Public Witness 4 agreed to join the raiding party. 3-4 passers-by too were asked by PW 8 to join the raiding party but they declined. It is further alleged that around 5.30 p.m., nakabandi was made by taking positions behind the 'Guide Map Board' near Pratap Nagar Chowk, Andha Mughal and at about 5.45 p.m. the accused whom Public Witness 8 knew from before being B.C. of the area, was stopped at the pointing out of the informer on Road No. 40 near Pratap Nagar Chowk. Accused was holding a small bag of white colour in his right hand. Public Witness 8 told the accused about the secret information and enquired from him that if he so desired, his search could be taken either before a Magistrate or G.O. Notice under Section 50 of the Act - Ex. Public Witness 4/A was served on the accused and contents thereof were also read over to him, by Public Witness 8. However, the accused declined to be searched either before a Magistrate or G.O. Thereafter, Public Witness 8 sent the secret information which was reduced into writing - Ex. Public Witness 4/D through HC Nafe Singh, Public Witness 5 to SHO R.N. Ralhan,PW 7. Around 6.05 p.m., Public Witness 7 alongwith Public Witness 5 reached the spot and Public Witness 7 verified the facts. At about 6.10 p.m., ACP R.S. Dahiya, PW 6 too reached the spot. In the presence of members of raiding party, PWs 7 & 8, the bag carried by the accused was checked and the same was found to contain substance of black and brown colour wrapped in momi paper which on smelling was suspected to be Charas. On weighing, Charas was found to be I kg. out of which 100 gms. was separated as sample. Sample and the remaining Charas together with the bag were converted into two parcels and sealed with the seals of RPS of Public Witness 8 and RN of Public Witness 7. CFSL form was filled up. Both the parcels were seized vide memo Ex. Public Witness 4/B. Parcels and CFSL form were taken into custody by Public Witness 7. Rukka Ex. Public Witness 2/A was sent by PW 8 to the police station through Constable Rajeshwar Prasad and on the basis thereof case under Section 20 of the Act was registered against the accused. Both the parcels and CFSL form were deposited by Public Witness 7 in the malkhna and later on the sample parcel was sent to CFSL for chemical analysis. As per CFSL report Ex. Public Witness 3/A, the sample gave positive test for Charas.

(3.) In the statement under Section 313, Cr.P.C., plea taken by the accused is that he being BC was told not to enter the area. On 11th September, 1991 when he was going to the house to sec his ailing mother, he was taken to the police station and implicated falsely in this case.