OM PRAKASH Vs. STATE

JUDGEMENT

(1.) THIS is a Jail Appeal directed against judgment and order dated 17-09-1996 passed in Special Criminal Trial No. 11 of 1996 by learned Second Additional Sessions Judge, Haridwar, whereby ap pellant Om Prakash is convicted under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to 20 years' rigorous impris onment and also to fine of Rs. 2, 00, 000/- (Rupees Two Lakhs only), in default of payment of which, he is directed to undergo further three years' rigorous imprisonment.

(2.) PROSECUTION story, in brief, is that on 20-10-1995 at about 6:10 p. m. , the Station Officer Ram Chet Singh (P. W. 1) of Police Station GRP Laksar, along with Sub-Inspector Madan Pal Singh and other members of the force, was patrolling the Railway Station of Laksar. At about 7:30 p. m. when they reached near a bench, the appellant, who was sitting in the said bench, started mov ing from there. On getting suspicious about his activities, the police party chased and intercepted him. They enquired his name and address. Appellant disclosed his name as Om Prakash, S/o Sumer Chand, R/o Salia Jung Bahadur, P. S. Pasgawa, District Lakhimpur Khiri. On being taken search of his person, the police party found that the appellant was in posses sion of 10 tablets of Oxazepam, a packet of tablets of USP Serepax 30, a powder of rose colour rapped in a white paper and two packets of Bakeman's Cream Crunch Biscuits. In one of the Biscuits' packet word "orange" was mentioned and in another "butter". On being interrogated about the aforesaid articles, the appellant told the police party that he uses the tablets and the powder by mixing the same with tea and biscuits and administers to the pas sengers, and on their getting unconscious, robs them of their belongings. He further told the police men that in the packets of the biscuits, leaving first and last biscuits, the other biscuits con tained powder of the tablets. The ap pellant also disclosed, on further que ries, that the passengers, who do not take tea or biscuit, are given other eatable items after mixing the powder and the tablets. The police party, at the time of his search, also gave him opportu nity, if he wants that the search be taken before some gazetted officer, but the appellant told them that since he had already been caught, as such, he did not express desire of being searched before any Gazetted Officer and say anything except that he be forgiven. The police party took into their posses sion the aforesaid recovered articles from the appellant and prepared Recov ery Memo (Ex. Ka. 1), which was signed by not only PW1 Ram Chet Singh, but also by the other members of the po lice party namely Madan Pal Singh, Sub-Inspector; Constable Mahesh Giri and Constable Shiv Singh. A copy of the Recovery Memo was given to the accused appellant and on receiving the same, he made his signatures at the end of the Recovery Memo. The police party took the accused appellant along with recovered articles to the Police Sta tion and got registered Crime No. 109 of 1995 under Section 8/21/22 of the Narcotic Drugs and Psychotropic Sub stances Act, 1985 against him. An en try No. 36 in the General Diary was also recorded at 9:15 p. m. regarding the same and the accused appellant was kept in the lock-up and the recov ered articles were deposited in the Mora/ Khana.

(3.) MR. S. P. S. Panwar, Senior Advo cate was appointed as Amicus Curiae to assist the Court on behalf of the ap pellant. We heard learned Amicus Cu riae and also the learned Government Advocate and perused the record.