STATE OF HIMACHAL PRADESH Vs. ANIL JAIN

JUDGEMENT

(1.) HAVING dissatisfied by the judgment of acquittal passed by the learned trial Court in Sessions case No. 4 -S/7 of 1998 on 28.10.1999 for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short 'the Act ' allegedly for transporting and keeping in possession 6 k.g of charas in a vehicle. The State filed the present appeal.

(2.) RESPONDENT Man Singh died during the pendency of appeal as such appeal stood abated against him, but survives against Respondent Anil Jain.

(3.) THE factual matrix of the case can be stated thus. During the intervening night of 255th/26th December, 1996, PW4 H.C. Ram Dass was Incharge of Police barrier at Boileauganj. He was on routine checking of the vehicles passing through the barrier. Around 11.40 p.m. a Fiat Car bearing registration No. CH -9969 reached there which was stopped for checking. Respondent Anil Jain was on the steering wheel Man Singh was occupying the front seat besides the driver. They offered strong resistance and went to the extent of scuffling with the Police party. Confronted with this situation, HC Ram Dass informed Police Station Boileauganj on V.H.F. set making a request to send some more police officials with some Senior Police officer. On receiving this message, PW6 Additional SHO/ Sub Inspector Parkash Chand accompanied by Constables Mela Ram and Vijay Kumar rushed to the spot in an official vehicle. Even at that time, Respondents were found sitting in their vehicle. The Police party on duty did not allow them to go. PW 6 aforesaid asked about their identity and directed PW4 HC Ram Dass and constables Ganga Ram and Sanjay Kumar to conduct the search of the car in the presence of PW2 Suresh Kumar and PW3 Susheel Kumar witnesses who were on duty in the adjacent market committee barrier. On checking the car, a bag of fabric was found kept on the seat besides driver. Sub Inspector Parkash Chand took out the bag and recovered a polythene bag which contained charas in small flattened and pellets form. Respondents failed to produce any permit for its possession. Thereafter scale and weight were arranged from the shop of PW5 Baba Deen to weigh the contraband. On weighing, it came out to be 6 k.g. Out of the recovered stuff, two samples of 25 grms each were drawn and packed in two empty Four Square Cigarette cases which were further put into small fabric bag and sealed with impression 'H '. Remaining bulk was also sealed with same seal. Sample of seal was also stated to have been taken separately on the piece of cloth.