SHER SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The appellant, hereinafter referred to as the accused, has been convicted and sentenced to undergo rigorous imprisonment for a period of eight years and to pay a fine of Rs.80,000/- for commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as the 'the Act', in short.

(2.) The record reveals that vide daily diary No.33(A) dated 23.11.2009, Ex.PW-5/E, a police party headed by PW-3 ASI Yashwant Singh and comprising HC Jawala Singh PW-1, HHC Tek Singh PW-6, Constable Krishan Chand, PW-2 and Lady Constable Maya Devi, left Police Station at 5.30 p.m. for patrol duty and detection of crimes under the Excise Act and NDPS Act having search light with it towards Shishmati Bharai and Lag Valley area of Kullu District. When reached at Bharai-nalla, they noticed the accused coming from Bhutti side with a bag on his right shoulder. On seeing the Police party, he got perplexed and tried to run away. The Investigating Officer PW-3, however nabbed him with the help of other police officials accompanying him. After having ascertained his antecedents and suspecting him to be in possession of some contraband, PW-1 HC Jawala Singh was deputed in the search of independent witnesses. No independent witness, however, could be found out at that time and as such PW-3 decided to proceed further in the matter by associating HC Jawala Singh PW-1 and Lady Constable Maya Devi as witnesses.

(3.) The accused vide consent memo Ex.PW-1/A was apprised about his legal rights of being searched either before a magistrate or a gazetted officer. The accused, however, opted for being searched by the Police itself, as per endorsement available on the memo Ex.PW1/A, in his own hand writing. PW-3, therefore, proceeded to conduct the search of the accused, however, before that he offered his own search to the later, which he conducted vide memo Ex.PW-1/B. It is thereafter, the search of the accused was conducted. In the bag PUMA brand, the accused was carrying on his right shoulder, one white coloured polythene bag of Reebok brand and of Friends General Store, Lower Dhalpur, Kullu, was taken out. On opening the said polythene bag some contraband in the shape of sticks was recovered.