FREDRICK GEORGE Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28-8-2000 passed by the learned Special Judge, Kullu, whereby the appellant-accused (hereafter referred to as 'the accused') has been convicted under S. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter referred to as 'the Act') and has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000.00 and in default of payment of fine to suffer further imprisonment for two years.

(2.) Case of the prosecution against the accused is that on 16-9-1999 at about 11 a.m. when a police party consisting of ASI Kamla (P.W. 13), LHC Narpat (P.W. 10) and lady Constable Pinki was checking vehicles outside Octroi Post Ramsheela, Kullu, car bearing No. UP-07-B-1722 driven by the accused came there from Manali side and was stopped by the police party. The accused, who was the sole occupant of the car, was asked to produce the documents of the car but failed to do so. On enquiries about his passport and name, he got perplexed whereby P.W. 13 got suspicious that the accused might be in possession of some contraband. She gave him oral as well as written notice Ext. P.W. 1/A that she was confident that the accused was in possession of some contraband or drug and whether he agreed to give his personal search and search of the vehicle to her or to some Gazetted Officer or a Magistrate. The accused opted to give the search of his vehicle and his personal search to a Gazetted Officer. The accused was then brought by the police party in the said car to the compound of the office of Superintendent of Police, Kullu. P.W. 13 intimated Dy. S. P. Kishan Chand (P.W. 9) about her suspicion and the option of the accused. P.W. 9 then gave a notice Ex. P.W. 6/A to the accused in the presence of Dina Nath (P.W. 6), Mastan Singh (P.W. 7) and Mohan Lal as to whether he wanted to give his personal search and search of the vehicle in his presence or in the presence of a Magistrate. The accused agreed to give the search in the presence of P.W. 9 vide Ext. P.W. 6/A/1. Before conducting the search Photographer Subhash Chand (P.W. 8) was also summoned. Personal search of P.W. 9 was then conducted by the accused and that of P.W. 13 by lady Constable Fula Devi respectively vide Memos Exts. P.W. 6/C and P.W. 6/B. Personal search of the accused was also conducted vide Memo Ext. P.W. 6/J but nothing incriminating was found. The accused was then made to open the Dicky of the car. On opening of Dicky of the car by the accused smell of "Charas" was felt. The accused thereafter was asked to open the door panels and rear light covers of the car which he did with the help of a screw driver. On opening of the back light covers and the door panels, 42 "Charas" packets were found concealed in the back light cover cavity and door cavity. Words like RS, DL, DS, HS etc. were scribed on the "Charas" packets. The entire process of opening of the light covers and door panels leading to the recovery of packets of "Charas" was photographed by Subhash Chand (P.W. 8). The recovered "Charas" was weighed and was found 15 kgs. Four samples of 20 Grams each were separated from the recovered bulk. The samples and the bulk were thereafter separately sealed with Seal 'H.' Specimen impressions of seal (P-3) was separately taken and preserved and the seal after use was given to witness Mohan Lal. Memo Ext. P.W. 6/E was prepared regarding the search and seizure. The accused was thereafter arrested after informing him of the grounds of arrest vide Memo Ext. P.W. 6/F. His formal search after arrest was conducted vide Memo Ext. P.W. 6/D and the non-incriminating articles found in his possession were taken in possession. The car was also taken in possession by the police vide Memo Ext. P.W. 6/H. On the basis of Ruka Ext. P.W. 13/A sent to S.H.O., Kullu by P.W. 13 formal F.I.R. Ext. P.W. 13/B came into being at Police Station, Kullu. Out of four samples of the "Charas" taken at the time of the seizure of the "Charas" two samples along with NCB Form were sent to H.P. C.T.L., Kandaghat for analysis. The Chemical Examiner vide his report Ext. P.W. 14/H opined that both the samples contained contents of "Charas." On completion of investigation and being satisfied of the commission of an offence under S. 20 of the Act by the accused, the Officer-in-Charge, Police Station, Kullu accordingly submitted the charge-sheet and the accused was tried by the learned Special Judge, Kullu on a charge under S. 20 of the Act.

(3.) To prove the charge against the accused, prosecution examined as many as 14 witnesses.