BRUCE CLARIDGE Vs. STATE OF H P

JUDGEMENT

(1.) The appellant, Bruce Claridge a British National, hereinafter referred to as the accused, stands convicted for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short : the Act) by the learned Sessions Judge, Mandi, vide judgment dated 22/1/2002 and upon such conviction he has been sentenced to rigorous imprisonment for ten years and to pay a fine of rupees one lac. In default of payment of fine, he has been sentenced to undergo rigorous imprisonment for a further period of four years.

(2.) Briefly, the prosecution story may be stated thus. On 13-1-2001 Sub Inspector Jitender Kumar along with Assistant Sub Inspector Shiv Chand, Head Constable Rajendra Kumar, Head Constable Hem Raj and Constables Nihal Singh and Dhani Ram was present at Pungh barrier, Sundernagar, in connec-tion with traffic checking. At about 11.15 AM a white coloured maruti car was seen coming from Mandi side. It was signalled to stop. A foreigner lady was found driving the same, while another person, that is, the accused was found sitting on the rear seat of the car. One child was also found on the front seat by the side of the lady driving the car. Passports and other documents of the two occupants of the car, that is, the lady driving the car and the accused, were checked by Sub Inspector Jitender Kumar (PW 10). Since PW 10 carried a suspicion that some contraband may not be carried in the car, he expressed his intention to carry out a search of the car. He accordingly after associating PW 3 Rajnish Kumar and PW 4 Ramesh Kumar, the two independent witnesses, carried out a search of the car. Bag Ex. P1 was found on the rear seat of the car where the accused was sitting. On a further search of the bag, a coconut was recovered therefrom. The top side of such coconut was found tied with a shoe lace. On opening of the shoe lace and separation of two parts of the coconut, Charas wrapped in polythene bag was recovered therefrom which on weighment was found to be 475 grams. Two samples of 25 grams each were taken. Such samples along with the remaining bulk of Charas and the coconut shell were separately sealed with seal H and taken into possession by PW 10 vide seizure memo Ex. PC. The accused, after being informed the grounds for arrest, was arrested. Rukka Ex. PH was sent for registration of the case, on the basis of which a case under Section 20 of the Act came to be registered at Police Station, Sundernagar vide FIR No. 30, Ex. PG. The passport of the accused Ex. PQ was also taken into possession. The case property, namely, sealed packets containing the samples and the remaining bulk of Charas was produced before PW 9, the Incharge of Police Station, who after re-sealing the same with seal T deposited it in the Malkhana for safe custody. One of the sealed packet containing the sample was sent to the Chemical Exa-miner on 16-1-200 1, which upon analysis vide report Ex. PN was found to be that ofCharas.

(3.) On completion of investigation the accused was sent up for trial for the offence under Section 20 of the Act for having been found in possession of 475 grams of Charas. He pleaded not guilty to the charge and claimed trial. His case is that of denial simpliciter.