VARINDER KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) The extant appeal, becomes directed by the aggrieved convict/appellant, against, the verdict made on 29.05.2017, by the learned Special Judge, Chamba, District Chamba, H.P., vis-a-vis, a charge drawn under Section 20(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafterafter referred as ND & PS Act). The consequent therewith sentence of rigorous imprisonment, extending upto a term of 12 years, and, also a fine of Rs. 1,50,000/-, became imposed upon, the, convict, and, in default of payment of fine amount, he became sentenced, to undergo imprisonment extending upto one and a half year.

(2.) Reiteratedly, convict Varinder Kumar, becomes aggrieved, from the afore made verdict, of,conviction, upon, him, vis-a-vis, the afore charges, and, also obviously becomes aggrieved, from the afore order, imposing, upon, him, the afore alluded sentences, of, imprisonment, and, of fine, and, hence becomes constrained to, thereagainst, constitute the extant appeal, before this Court.

(3.) Through, recovery memo, borne in Ex.PW1/B, contraband, Ex.P-4, weighing 3kgs, and, 126 grams, became recovered from carry bag, Ex.P-2. Recovery memo, borne in Ex.PW1/B, carries thereon, the, unchallenged signatures of the convict, and, also of the marginal witnesses thereof. Subsequent to the drawing of Ex.PW1/B, the investigating officer concerned, from, the site of occurrence, sent rukka, borne in Ex.PW10/A to the Station House Officer, of, the Police Station concerned, for facilitating the latter to record an FIR. The carrier of Ex.PW10/A, upon, arriving at the police station concerned, ensured the recording of a formal FIR qua the recovery made through recovery memo, borne in Ex.PW1/B, and, FIR whereof, becomes assigned Ex.PW8/A. Since the recoveries as made through, the, recovery memo, borne in Ex. PW1/B, makes displays qua obviously it not being a sequel, of, a personal search, being carried by the Investigating Officer, upon, the accused, thereupon, there was no imperative necessity cast, upon the investigating officer concerned, either to draw any memo under Section 50 of the ND &PS Act or to therethrough elicit the consent of the accused, for his holding the accused's personal search.