ROSHAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) Roshan Lal-appellant (hereinafter referred to as 'the accused') has filed this appeal against the judgment and order of conviction and sentence dated 6th/7th September, 2001 passed by learned Sessions Judge, Solan in Sessions Trial No. 26-S/7 of 2000 under Section 20 of the Narcotic Drugs and Psyohotropic Substances Act, 1985 (for short 'NDPS Act'). He was sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 1,00,000/- failing which he was to suffer two years rigorous imprisonment

(2.) The prosecution case against the accused that on 30.5.2000 Head Constable Vijay Kumar (PW-8) received telephonically secret information that the accused is dealing in the business of contraband. He passed on the said information to PW-9 Sh. Sunder Lal, Additional Superintendent of Police, Solan on the same day at about 7.30. A. M. PW-8 prepared reasons of belief (Ext. PG). One copy thereof was sent to PW-9. PW-8 formed a raiding party consisting of himself, Head Constable Ravinder, Constable Ajay Kumar, Constable Chhabil Kumar and Constable Narender Kumar. The raiding party proceeded to Oachghat. Two independent Witnesses, namely, PW 1 Sunil Kumar and W-10 Ajay Bhaskar were also associated by PW-8 in the raiding party at Oachghat. When the accused reached at Oachghat he was apprehended by PW-8. PW-9 also reached at the spot at about 11.05. A. M. He disclosed his identity to the accused and served notice (Ext. PA) under Section 50 of the N. D. P. S. Act to the accused asking him to give an option if the accused wanted to be searched by him in the capacity of Authorized Officer or to be searched before a Magistrate or any other gazetted officer. The accused consented to be searched by PW-9. PW-9 and other members of the raiding party gave their personal search to the accused vide memo Ext. PB. No incriminating article was found in their possession. Haversack being carried by the accused on his back was searched by PW-9 out of which charas in the shape of rollers and balls were recovered having been concealed in a Dibba which was covered with three polythene covers. The recovered Charas was taken into possession.

(3.) PW-9 summoned Ravinder Sharma Shopkeeper to bring scale for weighment. On weighment, Charas was found to be 2Kg. Two samples of 12 Gms. each were drawn and the remaining samples were wrapped, seized and sealed with seal impression 'N'. Punchanama (Ext. PC) was prepared. Seal N' after use was entrusted to PW-10. Rukka (Ext. PH) prepared at the spot was sent to Police Station through Constable Narender Kumar for registration of formal First Information Report. PW-3 Head Constable Mast Ram recorded F. I. R. (Ext. PJ) at Police Station, Solan at about 13.30 hours on receipt of rukka. PW-11 Head Constable Babu Ram also reached at the spot who took further investigation of the case from PW-9. PW-11 prepared site plan (Ext. PN) and recorded the statements of the prosecution witnesses. He sent special report (Ext. PL) prepared under Section 57 of the N. D. P. S. Act to Superintendent of Police, Solan on 31.5.2000 which was received by PW-9 Additional Superintendent of Police. Three sealed parcels of samples and seized Charas were deposited by PW-11 to PW-5 S. I. Nutan Prasad. PW-5 re-sealed all the parcels with his, seal impression A. On 31.5.2000, PW-5 handed over one sealed sample parcel to PW-3 Head Constable Mast Ram who further handed over the same to PW-4 Constable Veer Chand. PW-4 deposited sample parcels in Chemical Laboratory, Kandaghat for examination. PW-7 Ramesh Chajta, Deputy Superintendent of Police, Solan at the relevant period was discharging the duties of Station House Officer, Police Station, Solan as a probationer. On receipt of the report of Chemical Examiner (Ext. PM), PW-7 submitted a chargesheet against the accused for the commission of the offence punishable under Section 20 of the N. D. P. S. Act. The accused came to be tried by the learned Sessions Judge.