NARCOTICS CONTROL BUREAU Vs. JEET RAM

JUDGEMENT

(1.) This appeal by the Narcotics Control Bureau is directed against the judgment dated 30.6.2003 delivered by the learned Sessions Judge, Shimla in Session Trial No. 7-5/2002 of 2001, whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) The prosecution story briefly stated is that on 18.6.2001 PW-4 R.P. Singh was working as Intelligence Officer in the Narcotics Control Bureau (NCB), Chandigarh. He along with PW-3 O.P. Bhatt and other officials had gone towards Theog from Shimla. They left Shimla at about 10.00 p.m. They reached a dhabha near the Nangala Devi Temple at about 10.00/10.30 p.m. They stopped at the dhabha to have meals. They then ordered meals and tea. While they were waiting for the food to be served PW-4 R.P. Singh could smell the odour of charas. PW-4 had consultation with his colleagues who were present there. In the meantime PW-1 Rakesh Goyal, Zonal Director, NCB, Chandigarh who had also left Shimla at about 9.30 p.m. in a different vehicle reached the dhabha. They then questioned the accused about this smell of charas and he became nervous. This increased the suspicion of the NCB officials. On asking, the owner of the dhabha disclosed his name to be Jeet Ram and when he was further questioned Jeet Ram (accused) tried to run away.

(3.) The accused was apprehended there and then. He was taken to the counter of the dhabha. Just below the counter there was one gunny bag. The accused was asked what was in the gunny bag. He replied that there is nothing in it, but he appeared to be nervous. Then notice under Section 50 of the NDPS Act was given to the accused. He consented to be searched by the NCB officials. According to the NCB officials the dhabha was situated at a lonely place and therefore, no independent witnesses could be associated. In the dhabha there were three servants Pappu son of Shri Panchi Ram, resident of Bhadgarh, Tuini, Uttaranchal, Suresh Kumar son of Shri Durga Singh and Attar Singh son of Shri Sadh Ram, both residents of Theog. They were asked to join the investigation as witnesses but refused to do so. Thereafter the bag was searched and 13 Kgs of charas was found in it. The charas was divided into two portions of 61/2 Kgs each and two packets were made which were marked as X and Y, respectively. From each of these two packets, two samples each of 25 gms were drawn. The samples drawn from the packet Mark X were marked as X1 and X2 and the samples drawn from the packet Mark Y were marked as Y1 and Y2. Thereafter, all the four samples were sealed in a polythene bag by heat sealing process. They were then put in paper envelopes and sealed with paper seals, signed by the NCB officials as well as accused Jeet Ram. On each sample, seal No.6 of NCB was affixed on all the four corners. Thereafter the bulk charas in packets X and Y was sealed in paper parcels with six seals each. All the samples and parcels were signed by the NCB officials and the accused. The seals were handed over to PW-1. Thereafter the statement of accused Jeet Ram was recorded under Section 67 of the Act in which he admitted that for various reasons he was indulged in the trade of charas to increase his income. Thereafter Panchnama was prepared at the spot. A test memo was prepared and the contraband was seized. The Panchnama was also signed by accused Jeet Ram. The accused was formally arrested on 19.6.2001. Two of the samples X1 and Y1 with letter Ext. PS were sent through PW-2 Hayat Singh to the Chemical Analyst for analysis, who vide his report Ext. PH opined that both the samples were of charas. On this basis the accused was charged and challaned with having committed the offence aforesaid.