KAILASH CHANDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant Kailash Chander herein has preferred this appeal against the judgment of conviction and sentence dated 3.10.2000 whereby he was convicted under Section 20 of the Narcotic Drugs Psychotropic Substances Act, 1985(herein referred to as "the Act") and sentence to undergo R.I. for 10 years and to pay a fine of Rs. 1,00,000/-(Rupees One lac only) or in default thereof to further undergo R.I. for six months.

(2.) In brief the facts of the case are that the police party headed by ASI Harbhajan Singh, alongwith C. Indermohan No. 340, C. Pawan Kumar 3539, SPO Manoj Kumar No. 6591, S.P.O. Jaspal Singh 575 alongwith Gipsy, driven by C. Janak Raj No. 1732, were going on Patrolling duty from Sanjay Colony to Bhagat Singh Colony. When the police party reached 100 yards behind the Canal bridge, then one person was seen coming alongside the canal, who after seeing the police party, tried to make a retreat, but was apprehended by the police party on the basis of suspicion. On enquiry he told his name as Kailash Chander @ Kala Pahar s/o Piara Lala, r/o Mohalla Karar Khan, Jalandhar. He was asked by the ASI for personal search and he was offered to be searched upon in the presence of Gazeted Police Officer or Magistrate, upon which the present accused declined to be searched before such Officer. His personal search was conducted as per rules, upon which one Kilogram of Charas was recovered from him which he has kept in a polythene bag and in a cloth bag, ten gms. of charas was taken out of that as a sample and rest of the charas was sealed separately. The sample was sealed and sent for chemical Examiner report. The accused was arrested. In the chemical report the contents of sample were found to be that of charas. After completion of investigation, challan was presented against the accused.

(3.) The Learned Judicial Magistrate, Ist Class, Jalandhar committed the case to the Court of Sessions for trial. The Learned Special Judge under the Act framed charge under Section 20 of the Act for keeping in his possession of One Kg of Charas without any valid permit or license, to which the appellant pleaded not guilty and claimed trial.