RAMESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal through Jail has been preferred by the appellant, hereinafter referred to as the accused, against the judgment dated 7/8-4-1998 of the learned Special Judge (Sessions Judge), Kullu in Case No. 12 of 1997 whereby the accused has been convicted of the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced to rigorous imprisonment for ten years and to pay a fine of Rs. one lac. In default of payment of fine, the accused has been sentenced to undergo simple imprisonment for a further period of one year.

(2.) Briefly, the prosecution story may be thus stated. On 6-12-1996 at about 11.45 a.m., PW-9 Sub Inspector Jagdish Chand, the then Station House Officer of Police Station, Banjar, received a secret information about the presence of a stranger (accused) at Bus Stand, Banjar carrying a bag and that there was a possibility of "Charas" being carried by him. Finding the information reliable, PW-9 recorded a report in the Daily Diary. Necessary information was also sent by him to his immediate Supervisory Officer as well as the District Superintendent of Police through wireless. PW-9 then constituted a raiding party consisting of himself. Head Constable Sunder Singh and two independent witnesses Baljeet Rai and Govind Singh. The accused was found standing at the Bus Stand carrying a bag. On being asked the accused gave out his name as Ramesh Kumar Mandi. The accused was informed by PW-9 that he (PW-9) had a suspicion that he (the accused) was possessing "Charas" and that a search of his (accused) person and bag was to be carried out. The accused was further asked if he would like to be searched by PW-9 or before a Gazetted Officer or a Magistrate. The accused gave his option to be searched by PW-9 under memo Ex. PA. Nothing incriminating was found during the personal search of the accused. However, during the search of the bag, "Charas" in the shape of sticks wrapped in a polythene bag was recovered to be 1.900 Kg. Two samples weighing 25 gms. each were taken out and separately sealed. The remaining "Charas" recovered was separately sealed and taken into possession. The accused after being informed of the grounds, was arrested. Special report regarding recovery of "Charas" and arrest of the accused was sent by PW-9 to his immediate superior. The sample on being analyzed by the Chemical Examiner was found to be that of "Charas". On completion of the investigation, the accused was sent up for trial.

(3.) On having been charged for the offence under Section 20 of the Act, the accused pleaded not guilty and claimed trial.