MINUNNO VANCENZO Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 4th March, 2003 passed by the learned Sessions Judge, Kullu (Special Judge) whereby the appellant (hereinafter referred to as 'the accused') has been convicted under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereafter referred to as 'the Act') and has been sentenced to undergo rigorous imprisonment for ten years and pay a fine of Rupees one lac and in default of payment of fine to further undergo imprisonment for one year.

(2.) The case set out by the prosecution against the accused is that on 24/2/2002 Inspector Shiv Chaudhary (PW- 7) accompanied by AS1 Kanshi Ram, HHC Shyam Lal (PW-6) and Constable Dalip Singh were present at Check Post, Bajaura for the purpose of checking the traffic. A bus bearing No.HP-01-1722 of "Satluj Travels" reached the said barrier at 5.30 P.M. This bus was stopped for checking and while checking the bus, the accused, who is stated to be an Italian National, was found sitting on Seat No.24. His Passport was checked and found to be in order. The accused disclosed that he has put his luggage in the dickey of the bus. The luggage of the accused, which was a sky blue briefcase, was taken out from the dickey of the bus and opened with a key produced by the accused in the presence of Driver Sarvan Kumar (PW-5) and the Conductor of the bus, who were joined as witnesses in the raiding party. From the briefcase of the accused, 'Charas' in the shape of tablets and sticks, wrapped in polythene paper, was found concealed under the clothes. Thereafter, the accused, along with the briefcase and the witnesses, was taken to the Police Check Post, where the 'Charas' was weighed and found to be 5 Kgs. Out of the recovered 'Charas', two samples of 25 grams each were separated, packed and sealed with seal impressions of seal "H". The balance 'Charas' was packed and sealed in a separate' packet with the same seal. The NCB forms Ext.PW-4/A in triplicate were filled up as per procedure and the seal impression was retained. The case property, along with the sample parcels, was taken into possession qua memo Ext.PW-5/D, a copy of which was also given to the accused. Further, the accused was informed of the offence committed and the punishment provided under law for the same qua memo Ext.PW- 5/C. The Ruka Ext.PW-7/A was sent to the Police Station, Kullu through HHC Shyam Lal where, on its basis, F.I.R.No.102/2002 dated 24.2.2002 Ext.PW-3/B was entered by MHC Bhagat Ram (PW-3). The case property was produced before S.H.O. Sanjay Kumar by the empowered officer, who re-sealed the same and retained the sample seal Ext.PW-4/A. He then deposited the case property with MHC Bhagat Ram (PW-3) who made entry in the Malkhana Register to this effect which is Ext.PW-3/A. The special report of the case, which is Ext.PW-1/A, was handed over by the empowered officer to Dy. S.P. who got it entered by his Reader Kanshi Ram (PW-1). On 26.2.2002 one sealed sample parcel was sent by MHC Bhagat Ram to Central Testing Laboratory (CTL) Kandaghat. On analysis vide report Ext.PW-4/F the contents of the sample were opined to be that of 'Charas'.

(3.) Further, it is the case of the prosecution that an application Ext.PW- 4/C was moved by Inspector Sanjay Kumar to the Court of learned Chief Judicial Magistrate, Kullu along with inventory Ext.PW-4/C. The case property was produced in the Court and a representative sample was ordered to be drawn by the learned Chief Judicial Magistrate, Kullu, which was sealed with the seal of the Court. The remaining case property was handed over to the S.H.O. concerned. The Court issued certificate Ext.PW-4/D in this regard. The accused was charge sheeted for committing the offence under Section 20 of the Act. In his statement under Section 313 Cr.P.C., the accused has denied having committed the offence and claimed to be tried. No defence witness was examined.