IAN ROYLANCE STILIMAN Vs. STATE OF H P

JUDGEMENT

(1.) Appellant Ian Roylance Stillman, hereinafter referred to as the accused", is a British National. He was convicted by the learned Sessions Judge, Kullu for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as "the Act, and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of rupees one lakh. In case of default in the payment of fine, the accused is to suffer further imprisonment for one year. Aggrieved, the accused is in appeal.

(2.) The prosecution case was Assistant Sub-Inspector Parma Nand (PW 12) along with other Police Officers, including Head Constable Yoginder Pal (PW 3), Constable Lal Singh (PW4), Constable Kuldip Singh and Home Guard Officials Ghanshyam and Desh Raj, was on routine preventive petrol on August 28, 2000. He set up a Naka on the National Highway-21 near "Sood Petrol Pump" at about 1.15 a.m. He had checked two vehicles, a truck and Gypsy when at about 1.20 a.m., Maruti Van HP-010313 appeared from Kullu side. The vehicle was stopped for checking. The van was being driven by Rajesh Negi (PWI). Bir Singh (PW2), companion of the driver, was occupying the front seat. Accused was found sitting on the back seat of the van. It was found by the police party that accused had kept a bag by his side on the seat. Assistant Sub-Inspector Parma Nand suspected that the accused may be carrying some contraband and, accordingly, after enquiring his identity, he expressed his desire to search his bag which he had kept by his side. He informed the accused that he has a right to be searched in the presence of a Magistrate or Gazetted Officer and also asked if he was willing to give his search to the police. The accused, vide memorandum Exhibit PW 2/A gave it in writing that he is willing to give his search to the police. The bag of the accused was searched and from the search, 20.300 Kgms. of Charas in the shape of tablets and sticks was recovered. Three samples of 25 gms. each were separately taken and sealed separately with seal T by the Investigating Officer. The remaining Charas was put in the same bag which was sealed in packet with the same seal. The specimen of the seal Ext. PW12/A was taken and seal was handed over to Yoginder Pal (PW 3). Seizure memo Exhibit PW2/C was prepared which was also signed by the witnesses and accused. Memo Exhibit PW2/C was sent to the Police Station. Manali through Constable Lal Singh, for registration of the case. On the basis of this memo, First Information Report Exhibit PW8/ A was recorded by Inspector-S.H.O. Bhupinder Singh Negi (PW8). The accused was arrested and informed of the grounds of his arrest. A separate memorandum for the articles, other than Charas, recovered from the bag was prepared in terms of Exhibit PW 12/C. The van was seized vide memo Exhibit PW 1/A, Other documents, including the passport of the accused, were also taken into possession by the police. Accused informed that the was staying at Dragon Guest House, Manali". His room in the Guest House was searched by the police but nothing incriminating was found. It is the case of the prosecution that the Charas so recovered and sealed along with the sample packets was handed over to Bhupinder Singh, S.H.O. Police Station, Manali by Assistant Sub-Inspector. Parma Nand, who also sealed the same with his own seal and deposited the case property in the Malkhana for safe custody. A report was prepared by A.S.I. Parma Nand and sent to the Superintendent of Police, Kullu through Constable Tej Ram in compliance to the provisions of Section 57 of the Act.

(3.) The defence of the accused was that he has falsely been implicated. The accused set tip a case that another passenger, an Israeli National, was travelling with him in the van and the incriminating bag belonged to that Israeli National. It is the case of the Accused that when the van was stopped on the police signal of the police party the Israeli National opened the door of the van and ran away with the bag. The police chased the Israeli National and was successful in retreating the bag but the Israeli National escaped and could not be apprehended by the police party. He is innocent and has not committed any offence.