SACHIN SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant Sachin Sharma feels aggrieved by the judgment dated 2-1 1-2002 of learned Sessions Judge, Kullu, whereby he has been convicted of an offence under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1,00,000.00, and in default of payment of fine, to undergo imprisonment for a further period of six months. Therefore, he has preferred this appeal.

(2.) The case of the prosecution, as it emerges from the record of trial Court, may be summed up thus. On 19-2-2002, A.S.I. Rattan Lal, (P.W.-6), Incharge Police Post, Sainj, falling within the jurisdiction of Police Station Banjar, went towards village Trehra, in connection with routine patrolling in the company of H.H.C. Hem Raj, H.H.C. Hari Chand and H.H.G. Chaman Lal. Around 8.30 a.m., the said A.S.I. Rattan Lal and police officials accompanied him spotted the appellant coming from the side of Sainj. He was carrying an executive bag. On seeing the police, he got nervous. That aroused the suspicion of the police people. A.S.I. Rattan Lal asked the appellant his name and other particulars and also told him that he suspected that he (the appellant) was carrying some contraband and so it was intended the search of his person and if he so desired, search of his person could be arranged in the presence of a Magistrate or some Gazetted Officer. This intimation was given to the appellant verbally as well in writing through memo Ext. P.W. 5/A. The appellant told the A.S.I. that he had no objection in the search of his person by the police people present on the spot and he also gave his consent, in writing. That writing is Ext. P.W. 5/A-1. Thereafter, the executive bag, which the appellant was carrying was searched. It was found to contain 'Charas' which on being weighed was found to be 1.200 Kilograms. Two samples each weighing 25 grams were drawn from the stuff recovered and the samples and bulk were made up into three separate parcels and the parcels were sealed with a seal which produced the impression of letter 'H' of English Alphabet. N.C.B. form,s in triplicate, were also filled in on the spot and seizure memo Ext. P.W. 5/C was drawn up. Signatures of the appellant and the police officials accompanying the A.S.I. Rattan Lal, who were associated as witnesses, were also obtained on the said memo. The appellant was arrested and the grounds of arrest were intimated to him, in writing, through memo Ext. P.W. 5/D as also verbally. The Investigating Officer then drew up a report of the search and seizure and the circumstances leading to such search and sent the same to Police Station, Banjar, through HC Hem Raj, for formal registration of the case. Case was formally registered, vide F.I.R. No. 23/2002 dated 19-2-2002, copy Ext. P.W. 7/A. The case property, along with the two representative sample drawn on the spot, was produced before P.W. 7 S.I. Balwant Singh Station House Officer, Police Station, Banjar, on the same day. The Station House Officer affixed his own seal on the parcel containing the bulk Charas as also the parcels containing samples. The seal used by him produced the impression of English letter 'B' The three parcels along with N.C.B. forms and specimen impression of the seals were then deposited the M.H.C. of Police Station, Banjar. The said M.H.C. sent one of the two parcels, containing the samples, to the C.T.L., Kandaghat on the next following day, that is on 20-2-2002, through C. Sunil Kumar (P.W.-2) along with N.C.B. forms and specimen seal impressions etc.

(3.) On 22-4-2002, an application was moved by Sh. Balwant Singh P.W. 7, S.H.O., Banjar, to the Chief Judicial Magistrate, Lahaul & Spiti at Kullu, under Sec. 52-A (2) of the Narcotic Drugs and Psychotropic Substances Act, with the prayer that photographs of the seized Charas be allowed to be taken in his (Chief Judicial Magistrate's) presence and those photographs along with the inventory of the seized Charas be certified to be correct. On 1-5-2002, the learned Chief Judicial Magistrate, Lahaul & Spiti passed an order, copy Ex. P.W. 7/G, on that application and issued certificate Ex. P.W. 7/F. According to the said order and the certificate the case property had been produced by Sh. Narain Singh, Head Constable Incharge Malkhana, Police Station, Sadar, Kullu, along with two parcels containing samples.