NARESH KUMAR Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) The instant appeal, is, directed by the appellant/accused, against the impugned judgment rendered on 8.11.2004, by the learned Sessions Judge, Solan, H.P in Sessions trial No. 5-S/7 of 2004, whereby, the learned trial Court convicted and sentenced the accused/appellant to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of two years, for the commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) Brief facts of the case are that on 12.1.2004 Shri Ravi Kant Pawar, Intelligence Officer Narcotics Control Bureau, Chandigarh, the complainant, received an information that Narcotic drugs were being smuggled from Shimla side towards Chandigarh via National Highway No.22. This information was reduced into writing by the complainant and thereafter, he submitted the same to his superior official Shri O.P. Sharma, Superintendent, who, directed him to arrange a Naka near Timber Trail, falling within the jurisdiction of Police Station, Parwanoo. The complainant formed a raiding party in which Shri P.K. Sharma, an Intelligence Officer and some sepoys and other officials of the Bureau were included. Shri O.P. Sharma, Superintendent also joined the party as a Supervisory Officer. The party reached Police Station, Parwanoo and requisitioned two uniformed constables from the SHO, Police Station, Parwanoo, which were made available to them. The party along with the constables laid a Naka near Timber Trail around 11.00 p.m. A bus bearing registration No. HP-10-0308 which was on his way from Rohru to Delhi, reached the site of Naka. The bus was got stopped. The driver and the conductor of the bus were informed that the checking of the passengers and their luggage was to be done to detect transportation of any Narcotic drug or Psychotropic substance. Thereafter, in the presence of the driver and conductor of the bus, checking of the passengers and their luggage was done. Accused Naresh Kumar was occupying seat No.24. A bag was kept on that very seat between him and that side of the bus on which there was a window. When asked as to who was the owner of the bag, the accused claimed that that it belonged to him. He was asked as to what was there in the bag. He said that only his wearing apparels were there in the bag. He was then asked to open the bag. He got unnerved. On being asked again to open the bag, he unzipped it. It contained a plastic bag in which there was some dark brownish stuff which smelt like charas. The accused was made to get down the bus. After he deboarded the bus, he was told that it was intended to search his person as also his bag and that he had a right to be searched in the presence of Magistrate or gazetted officer and if he so desired search in the presence of a gazetted Officer or a Magistrate could be arranged. The accused informed the complainant that he had full faith in him and his party and that the search could be conducted on the spot. Thereafter the bag was searched in the presence of Shri O.P. Sharma, Supervisory Officer and a plastic bag containing charas, which weighed 2.250 kgs., was recovered. Shri P.K. Sharma, another intelligence Officer conducted a test on the spot by means of some chemical and declared that the stuff was charas. Accused on further questioning told that he was carrying the charas to Chandigarh where it was to be delivered to one Shri Anant Ram of Karsog, for whom he was carrying the same. The accused was, therefore, taken to Chandigarh by that very bus and made to sit on a bench at the bus stand, while bureau people and the police constables of Police Station, Parwanoo, kept themselves at some distance to keep surveillance, both upon the accused and the man for whom the accused was allegedly carrying the stuff. When nobody turned up to collect the stuff from the accused, even after a wait for about more than one hour, the party along with the accused started back for Parwanoo. They went to the police station, Parwanoo where two samples, each weighing 25 grams, were separated from the recovered stuff and the bulk and the samples were made up into three separate parcels and those parcels/packets were sealed. The said parcels were deposited with Shri O.P. Sharma, supervisory officer, who is also Incharge of the Malkhana. Said Shri O.P. Sharma sent one of the two samples to Central Laboratory for analysis and report. The Analyst reported that contents of the sample to be of charas. A written report of search and the seizure was sent by Shri O.P. Sharma to his superior officer, the next following day.

(3.) On conclusion of the investigation, into the offence, allegedly committed by the accused, report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.