LATIF MOHAMMAD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal Is directed against the judgment dated 10/13-11-2002 passed by the learned Sessions Judge, Chamba whereby the appellant/accused (hereafter referred to as '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 fine of Rs. l.00,000/-.

(2.) Case of the prosecution against the accused is that on 22-11-1997 at about 8.30 a.m. when a police party, headed by Head Constable, Kartar Singh (P.W. 7) of Police Station, Dalhousie, was present at Toll Tax Barrier, Banikhet for traffic checking, bus bearing No. HP-19-1605 came there. It was stopped by the police party. When P.W. 7 started checking the bus, the accused alighted from the bus and tried to escape but was apprehended by the police party. On inquiries he disclosed his particulars. He was informed by P.W. 7 that he was suspected of being in possession of "Charas" and was given option of being searched before a Gazetted Officer or a Magistrate. The accused opted to be searched by P.W. 7 vide Memo PA. Thereafter search of the accused was conducted by PW. 7 in the presence of bus driver Ram Lal and bus conductor Surinder Singh (P.W. 1) and a green coloured polythene bag was found tied to the waist of the accused inside the pant and it was found to contain "Charas" which on weighing was found 250 grams. Two samples of 10 grams each were separated from the recovered "Charas" and samples so separated and the remaining "Charas" were made into separate parcels and were sealed with seal 'X'. Seal samples were separately taken. The seal Ext. 'X' after use was handed over to P.W. 1. The memo regarding the proceedings of search and recovery was prepared in the presence of the aforesaid witnesses which is Ext.PB. P.W. 7 drew Ruka Ext.PE and sent the same to the Police Station, Dalhousie where formal F.I.R. Ext. PF was recprded. The accused was informed of the grounds of his arrest vide Memo Ext. P.C. Special report copy, whereof is Ext. PG, was sent to S.P., Chamba and S.D.P.O., Dalhousie. The accused and the case property, along with sample seals, were produced by P.W. 7 before S.I./S.H.O. Rajinder Sharma (P.W. 6), who re-sealed the case property with seal impression 'K' and handed over the same to MHC, Rajesh Kumar (P.W. 3) for being kept in the safe custody in the "Malkhana". One sample of the "Charas" was sent to the laboratory for chemical analysis and on such analysis was found to be "Charas" vide report Ext. PJ of the Chemical Examiner.

(3.) On completion of the investigation, a charge-sheet was submitted against the accused, who was tried by the learned Sessions Judge, Chamba, on a charge under Section 20 of the Act and was finally convicted and sentenced as aforesaid. Hence, this appeal.