RAJINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant herein was convicted by the learned trial Court for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short "the Act" for allegedly keeping in his possession 525.72 grams resin of cannabis plant in the recovered stuff of 1.400 kg., hence sentenced to undergo imprisonment for a period of seven years and to pay a fine of '70,000/- with default clause. Hence the present appeal.

(2.) In short, prosecution case can be stated thus. On 23.2.2007, PW7 HC Pushp Dev was heading a police search party to locate/trace the accused in a murder case FIR No. 19/1997. In this process, they reached the bifurcation road of "Tihni" falling in Police Station Ani. Around 5 p.m., they spotted the appellant, who was carrying a polythene bag in his hand, on seeing the police party he tried to escape. This raised suspicion and he was overpowered. His identity was asked. It was a lonely place. No independent witness could be associated but however, an option Ext. PW1/A was given in writing to the appellant whether he wanted to be searched before a Magistrate or a Gazetted Officer as it was his legal right. The appellant opted to be searched by the Police party and to this effect he appended his thumb-impression to such an endorsement. Thereafter police party rendered themselves to be searched by the appellant but no incriminating material was found. To this effect, memo Ext. PW1/B was executed. Thereafter police conducted the search of the polythene-bag to which the appellant was carrying in his hand and recovered 1.400 kg. of charas. Two samples of 25 grams each were separated from the recovered stuff and sealed with seal impression 'A'. The remaining bulk was also sealed with the same seal. The specimen of the seal was taken on a piece of cloth Ext. PW7/A. The NCB forms in triplicate out of which one is Ext. PW2/A were prepared on the spot and the facsimiles of the seal so used was also taken thereon. Police also prepared the site plan Ext. PW7/C of the place of recovery.

(3.) Case property was taken into possession vide memo Ext. PW1/C.