ANDRE MOLL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT is a Swiss National. He was charge -sheeted, tried for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act', but convicted for the offence punishable under Section 20(b)(ii)(B) of the Act, for allegedly keeping in possession the non -commercial quantity of "Charas", as such sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 50,000/ - with default clause, by the learned trial Court, which has been assailed by him in the instant appeal.

(2.) IN short, the prosecution story, as emerges from the evidence on record, can be stated thus. On 18.1.2009 at about 7.00 am, PW -9 Sub -Inspector Pawan Kumar alongwith police party consisting of Head Constable Mohar Singh (PW -1), HHC Chaman Lal, HHC Uttam Singh and HHG Garish Kumar, was present at Kasol near the English -Wine -shop. The appellant went inside the liquor -vend. He was carrying a blue -black coloured bag on his back. The said Sub -Inspector asked about his identity. His identity was checked with reference to the passport carried by him finding it to be correct, he was further asked as to what he was carrying in his bag. He gave very cursory reply that nothing objectionable was therein. On this the Sub -Inspector (PW -9) aforesaid got suspicious and asked him to show the contents of the bag. Appellant started dilly -dallying. The Police Officer further enquired from him about the place where he was residing. On this, he replied that he was staying in the house of 'Alans family' at Kasol. The Police Officer associated PW -2 Piar Chand, the salesman of the liquor -vend and sought the consent of the appellant for the search of the bag in his presence. On checking the bag, in the presence of Piar Chand aforesaid and other police officials, he recovered one polythene -bag containing "Charas" in the shape of small sticks and balls, which were found wrapped in the polythene paper. On removing the polythene paper he checked its contents carefully and became sure about it that it was "Charas". On weighing it came to be 1.200 Kgs. He drew two samples of 25 grams each separately and wrapped in polythene paper and the same were sealed in a white piece of cloth with seal impression "A". Three impressions of said seal were put on each parcel. The remaining "Charas" was put in the same bag from which it was recovered, which was also sealed with the same seal at three places. The seal impression was also taken on the piece of cloth Ext.PW1/B.

(3.) THE case property was taken into possession vide seizure memo Ext.PW1/A in the presence of Piar Chand (PW -2) and Mohar Singh, the then Head Constable (PW -1). The copy of the seizure memo was also supplied to the appellant.