MOTI RAM Vs. STATE OF H P

JUDGEMENT

(1.) Appellant Moti Ram is aggrieved by the'judgment dated 30.7.2005 of the trial Court, whereby he has been convicted for an offence, under Section 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo rigorous imprisonment for six years and to pay fine of Rs. 60,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of one year.

(2.) Police instituted a case against the appellant by submitting a report under Section 173 of the Code of Criminal Procedure, alleging that on 1.2.2003, around 6.30 A.M., when S.I. Laljit Singh, accompanied by HC Harbans Kumar and LHC Sunil Kumar and other police officials, was present at a place called Sambha, within the jurisdiction of Police Station, Banjar, the appellant was seen coming from Niharni side and on seeing the police, he got unnerved and that aroused the suspicion of the said Sub-Inspector. The Sub-Inspector deputed a constable, named Anup Ram, who was accompanying him, to arrange for some in- dependent local witnesses. However, no local witness was available. Thereafter the said Sub-Inspector informed the appellant that he suspected that he (the appellant) was carrying some narcotic drug or psychotropic substance and, therefore, it was intended to search his person and that he had a statutory right to be searched in the presence of a Gazetted Officer of the departments specified in Section 42 of the Narcotic Drugs and Psychotropic Substances Act, or some Magistrate and, in case he so desired, the search of his person could be arranged in the presence of any such Gazetted Officer or the Magistrate The appellant opted for being searched on the spot by the said Sub-Inspector. Thereafter the Sub-Inspector got his own person searched from the appellant in the presence of the above-named H.C. and L.H.C. Nothing was recovered during his (Sub-Inspector's) personal search. Then the person of the appellant was searched and Charas, which on being weighed was found to be 600 grams, was recovered from one of the pockets of his coat, which was wearing. Two samples, each weighing 25 grams, were separated. Search and seizure memo was prepared. A report of search and seizure was prepared and sent to Police Station, Banjar for the formal registration of Case. The recovered charas and the two sealed packets containing the samples, were deposited with the Station House Officer, Police Station, Banjar, who affixed his own seal on the sample packets as also the bulk Charas and deposited the same with the MHC. One of the two samples was sent to the Chemical Examiner. He gave the report that the contents of the sample were of Charas.

(3.) The trial Court framed the charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act against the appellant and on his pleading not guilty, put him on trial. At the end of the trial, the appellant was held guilty and convicted and sentenced as aforesaid.