MOHAMMAD RAMZAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was tried for committing offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act'), for being found in possession of 800 grams of charas . Vide judgment and order dated 6.8.2003, the Special Judge, Amritsar, convicted the appellant for the aforementioned offence and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one month. The period already spent by him during the investigation/trial was ordered to be set off against the substantive sentence of imprisonment imposed upon him.

(2.) The case of the prosecution, in nutshell, is that on 22.9.2002, SI Kashmiri Lal, alongwith his fellow officials, was present at Chowk Gol Bagh, Amritsar, in connection with patrolling and detection of bad elements. One Manjit Singh came there and he was joined in the police party. In the meantime, the appellant came there from the side of Railway Station and he was stopped on suspicion. He was informed that he was suspected to be carrying some narcotic substance with him and whether he wanted to be searched in the presence of SI Kashmiri Lal or in the presence of a Gazetted Officer or Magistrate. The appellant expressed willingness to be searched in the presence of a Gazetted Officer. Accordingly, DSP Jagdish Singh Khehra was contacted and requested to reach the spot. After his arrival at the spot, the appellant was, once again, given an offer of being searched either by DSP Jagdish Singh Khehra himself or in the presence of any other Gazetted Officer or Magistrate. The appellant reposed confidence in DSP Jagdish Singh Khehra. Under his directions, SI Kashmiri Lal conducted the search of the appellant and from the bag/envelope carried by the appellant in his hand charas weighing 800 grams was recovered. 10 grams out of the same was separated as sample. The remaining charas as well as sample thereof were taken into possession. Grounds of arrest were intimated to the appellant. From the personal search of the appellant, one wrist watch, currency notes worth Rs.250/- and one counter-feit currency note of Rs.100/- besides identity card and two bills of NITCO Roadways were recovered, which were taken into possession. Ruqa Ex.PH was, thereafter, sent to Police Station "D" Division, Amritsar and on its basis FIR No. 102 dated 22.9.2002 under Section 20 of the Act was registered. After receipt of the report from the Chemical Examiner, wherein, it was mentioned that the contents of the sample were that of charas as it contained resin to the extent of 42.3%, final report under Section 173 Cr.P.C. was submitted against the appellant.

(3.) After framing of charge under Section 20 of the Act, to which the appellant pleaded not guilty, the prosecution examined PW1 Constable Aroor Singh, PW2 SI Kashmiri Lal and PW3 DSP Jagdish Singh Khehra in support of its case. When examined under Section 313 Cr.P.C., the appellant denied the allegations of the prosecution and pleaded false implication.