MAR CHAND Vs. STATE OF H P

JUDGEMENT

(1.) APPELLANT was convicted for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act' for allegedly possessing 370 grams of stuff out of which 39.68% WAV was found to be contraband, i.e, resin of the cannabis plant [charas] as such he was sentenced to undergo imprisonment for a period of three years and to pay a fine of Rs.50,000/- with default clause for possessing non-commercial quantity, as per the provisions of Section 20 (b) (ii) (B) of the Act.

(2.) IN short, prosecution case can be stated thus. On 18.7.2008, at about 6.30 p.m. Police party consisting of police driver Constable Sanjeev Kumar (PW1), Lady Constable Ram Kali and HHG Durga Dass headed by PW2 ASI Balbir Singh of Police Station Bhuntar, was on patrolling duty near Subzi Mandi Chowk at Bhuntar. Appellant, on seeing the police, is alleged to have retraced towards his dhaba. On getting suspicious, police followed him and apprehended him across the water channel behind the said dhaba. On being asked, he disclosed his identity. He was carrying a black coloured bag in his hand. On checking, the police found some stuff weighing about 370 grams, out of which two samples each were separated and each of the samples as well as remaining stuff were sealed with seal impression 'A'. NCB forms in triplicate were also prepared on the spot. Facsimiles of the seal used on the samples were also taken on each of the NCB forms. Seal impression was also taken separately on a piece of cloth. Seal after its use was handed over to Ram Lal (not examined) who was found present in the dhaba taking tea. Seizure memo Ext. PB was prepared. Its copy was supplied to the appellant. Since the appellant was running the dhaba where he was apprehended, it was also searched. During search, police did not associate two independent witnesses rather included Ramlal aforesaid who was no other person than cook in the Police Mess at Bhuntar. During the search, police recovered another bag containing Rs.75400/-. This amount was also seized vide memo Ext. PC. Same seal was used on this bag-parcel.

(3.) PW2 ASI Balbir Singh prepared the site plan Ext. PE, recorded the statements of the witnesses. Special report Ext. PO was sent, within the statutory period to the Additional S.P. Kullu which was handed over to PW5 constable Nirat Singh his Reader.