SANDEEP KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) This appeal has been preferred by the appellant convict (hereafter referred to as the accused) against the judgment dated 23/2/2001, passed by the learned Additional Sessions Judge, Una, whereby the accused has been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereafter referred to as the Act) and has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine in the sum of Rs. 1,00,000 and in default of payment of fine, to undergo simple imprisonment for a further period of two years.

(2.) Case of the prosecution against the accused in brief, is that on 15/3/2000, Sub-Inspector Ranjit Singh of Police Station, Una (PW-9) alongwith a few other police officials, was on patrolling and detection of crime duty at Purana Hospital Chowk, Una. At about 6.30 p.m. LHC Dalbir Singh (PW-5) informed him that he had received a secret information that the accused was present outside his shop with a view to sell charas. On receipt of this information, PW 9 recorded statement of PW 5 Ex. PA and also recorded the grounds of his being satisfied of the correctness of the information Ex. PB, and sent the same to the Superintendent of Police, Una whereas ruqua Ex. PA was sent to the Police Station for registration of a case, as a consequence of which, FIR Ex. PH was recorded at Police Station, Una. PW 9 then joined PW 6 and one Ved Parkash as witnesses and proceeded to the spot with a view to conduct search of the accused. When PW 9 reached the spot, the accused was found present there. He informed the accused that he was suspected of being in possession of charas and whether he was willing to give his search to him (PW 9) or wanted to be searched in the presence of a Magistrate or a Gazetted Officer. The accused gave his consent for being searched by PW 9 vide memo Ex. PD in the presence of Bihari Lal (PW 6) and said Ved Parkash. After giving his personal search, PW 9 conducted search of the accused and found a plastic envelope containing charas in the pocket of the pant of the accused. The charas so recovered was weighed and was found 40 grams. Two samples of 5 grams each were separated from the bulk of the contraband and thereafter the samples and the remaining charas were separately sealed with seal A and were taken in possession vide memo Ex. PE. Accused was informed of the grounds of arrest vide memo Ex. PF. A memo Ex. PG was prepared regarding recovery of other articles in possession of the accused. The case property was then produced before the concerned SHO, who resealed the packets with seal R and deposited them in the malkhana. PW 9 prepared the special report dated 7/3/2000 Ex. PC about the circumstances leading to the recovery etc. of charas and forwarded the same to the concerned Superintendent of Police. Sample of charas was then sent for chemical analysis to the Chemical Testing Laboratory where, on analysis by the Assistant Chemical Examiner, the sample was found to be of charas vide his report Ex. PJ. On completion of the investigation, the officer incharge, Police Station, Una, submitted a chargesheet against the accused, who came to be tried by the learned Additional Sessions Judge, Una. The learned trial Judge, on the basis of the evidence on record, found the accused guilty and accordingly convicted and sentenced him as aforesaid. Hence, the present appeal by the accused.

(3.) We have heard the learned Counsel for the accused and the learned Assistant Advocate General for the State and have also gone through the records.