SATPAL Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 1/10/2001, passed by the learned Sessions Judge. Kullu, 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 a fine of Rs. 1,00,000.00 and in default of payment of fine, to suffer further imprisonment for six months.

(2.) Briefly stated, the case of the prosecution against the accused is that on 1/10/2001 at about 3.10 p.m., ASI Narinder Singh (PW-8) of Police Station, Banjar, alongwith constables Tek Singh (PW-7), Sunil Kumar (PW-9) and LHC Pune Ram was on patrol duty at Bus Stand, Banjar. At that time, he saw the accused who had covered himself with a blanket coming from the opposite direction. On seeing the police party, accused started walking briskly thereby giving a cause for suspicion and his apprehension by the police in the presence of Mohar Singh (PW-5) and Uttam Singh (PW-6), who were also present at the bus stand. After inquiry about the particulars of the accused, he was given the option of search before a Magistrate or a gazetted officer orally as well as in writing vide Ex. PW-5/A. Accused opted to be searched by the police present on the spot. PW-8 then gave his personal search to the accused vide memo Ex. PW-5/B and then conducted the search of the accused. On such search, under the shirt which the accused was wearing, close to his waist, a polythene packet containing charas was found concealed. The Charas so recovered on weighment, was found 350 grams. Three samples of 25 grams each were separated from the recovered charas and so separated samples and remaining Charas were made into separate parcels which were sealed with seal B. Specimen seal impression Ex. P-2 was separately taken and retained. NCB forms in triplicate were filled in and the seal impression was affixed on such forms also. Seal after use was handed over to PW-5 and a memo Ex. PW-5/C about these proceedings was prepared and was attested by PW-5 and PW-6. The investigating officer prepared ruqua Ex. PW-8/A and sent the same to Police Station, Banjar, through PW-7 and on the same basis of such ruqua, SHO Sanjay Kumar (PW-4) recorded FIR Ex-4/A at the police station and sent the case file through PW-7 to the investigating officer (PW-8). The accused was informed of the offence committed by him and the punishment provided therefore vide memo Ex. PW-5/D and then he was arrested. The case property was produced by the investigating officer (PW-8) before the SHO (PW-4), who resealed the sample packets and the packet containing the remaining Charas with seal TTT and also retained specimen seal impression Ex. PW-4/C. After affixing the seal used for resealing the case property on the NCB forms the case property and the NCB forms were deposited with MHC Narain Singh (PW-3). On 11-2-2001, one sealed sample was sent by PW-3 to C.T.L., Kandaghat through constable Sunil Kumar (PW-9) vide RC Ex. PW-3/B. The special report Ex. PW-1/A was sent to the office Superintendent of Police, Kullu, through constable Pune Ram (PW-2). On analysis, the sample sent to C.T.L., Kandaghat was found that of Charas and the report of Chemical Examiner in this regard is Ex. PW-4/D. On submission of a charge sheet against the accused, the learned Sessions Judge, Kullu, framed a charge against the accused under Section 20 of the Act, to which the accused pleaded not guilty.

(3.) To prove the charge against the accused, prosecution examined 9 witnesses. The accused was examined under Section 313 Cr. P.C. wherein he denied the prosecution case and claimed to be innocent. However, he did not lead any defence evidence. On the basis of the evidence on record, the learned Sessions Judge convicted and sentenced the accused as aforesaid. Hence this appeal.