PREM KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal under Section 374 Code of Criminal Procedure, has been preferred through Jail by the Appellant, Prem Kumar, hereinafter referred to as the accused, against the judgment dated 1.10.2001 of the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushehr in Sessions Trial No. 4 of 2000, whereby he has been convicted for the offence under Section 20, Narcotic Drugs and Psychotropic Substances Act, 1985 (for short; the Act) and sentenced to rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000. In default of payment of fine, he has been sentenced to undergo simple imprisonment for a further period of one year.

(2.) Briefly stated, the prosecution story may be thus stated. On 30.6.2000 at about 8.50 a.m. PW 10 Head Constable Gautam Chand of Police Station, Ani along with PW 2 Constable Atma Ram and Constable Bhup Singh was present at Nagar tri-junction in connection with routine patrolling. He noticed one person carrying a haversack proceeding towards Haripur. Such person, on seeing the police, tried to run away. He was, however, overpowered in the presence of PW 1 Jagdish Chand and one Lal Singh. Suspecting that the person, that is, the accused might be in possession of some contraband, PW 10 Head Constable Gautam Chand gave an option to the accused if he would like to be searched before a Magistrate or a Gazetted Officer. The accused, however, vide memo Ex. PW 1/A consented to the search by PW 10. During the course of search, in the presence of PW 1 Jagdish Chand, Lal Singh and other police officials accompanied, PW 10 recovered Charas in the shape of tablets and billets wrapped in a 'Pattu' (local blanket) from the haversack Ex. P-l being carried by the accused. Such recovered Charas, on weighment, was found to be 6.880 grams. Two samples weighing 25 grams each were separated. The two samples and the remainder Charas were separately sealed with the seal mark A. The 'Pattu' Ex. P3 and haversack Ex. P1 were also sealed and taken into possession vide recovery memo Ex. PW 1/C. PW 10 then recorded the report Ex. PW 2/A and sent the same to the police station on the basis of which a case came to be registered vide FIR Ex. PW 4/A. Since the accused was found to have committed the offence under Section 20 NDPS Act, he was arrested after apprising him the grounds for his arrest.

(3.) On the same day, PW 10 produced the accused along with the case property before PW 7 ASI Kanshi Ram, Police Station, Ani. PW 7 on the case property including the two packets containing the Charas having been produced before him, re-sealed the same with same with his seal mark 'H' and kept the same in safe custody in the police Malkhana. One of the sample on having been sent to the Chemical Examiner was found to be that of Charas.