DHARAMBIR Vs. UNION TERRITORY

JUDGEMENT

(1.) DHARAMBIR , the appellant-herein stands convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (in short to be preferred as the 'Act') and has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lac, in default of payment of which to further undergo RI for two years.

(2.) IN a nutshell the prosecution case runs thus : On 22.11.1990 SI Sukhdev Singh (PW-3) alongwith ASI Jasbir Singh, HC Balwant Singh, Constables Yogi Ram, Attar Singh and Jai Paul was present at local bus stop, Sector 25, Chandigarh. He received a secret information that Dharambir appellant was carrying charas with him and the same could be recovered, one Jaswinder Singh was joined as an independent witness with the police party and Nakabandi was laid at the spot. At 12.30 PM the appellant came from the side of Lakarwala crossing. On seeing the police party, he tried to retreat his steps but was overpowered. He was apprised of his right envisaged under Section 50 of the Act. DSP Baldev Singh (PW-4) was called at the spot and in his presence 100 grams of charas was recovered during personal search of the appellant from the right pocket of his shirt. All the legal formalities were completed at the spot. Ten grams of charas was separated as sample and was sent to the Forensic Science Laboratory. After receipt of the report of the Chemical Examiner (Ex.PD), the appellant was challaned to face trial. He was charged under Section 20 of the Act.

(3.) THE stand taken by the appellant was of innocence. However, he did not adduce any evident in defence.