PREM CHAND Vs. STATE OF H P

JUDGEMENT

(1.) Appellant Prem Chand, hereinafter referred to as the "accused', has been convicted by the learned Sessions Judge, Kullu for an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act 1985 ("Drugs Act" for short) and sentenced to suffer rigoruus imprisonment for one year and to pay a fine of rupees 15,000/- In case of default in the payment of fine, he is to undergo imprisonment for a period of two months.

(2.) Aggrieved, the accused is in this appeal under Section 36B of the Drugs Act read with Section 374 (2) of the Code of Criminal Procedure. The prosecution case:

(3.) On the evening of May 4, 2004, Assistant Sub Inspector Bhim Sen (PW3) along with other Police Officials, including Head Constable Ran Swaroop (PW 1), Constable Om Parkash (PW 2) and Constable Sanjay Kumar was on routine patrol. When the Policy party was near village Fozal Prari, the accused was spotted coming from Prari village carrying a plastic bag in his right hand. On seeing the police party, the accused turned back and tried to run away. This raised suspicion. Accused was overpowered by the Police Party. On the search of the bag, carried by the accused, charas weighing 150 gms was recovered. Two samples of 25 grams each were drawn from the charas so recovered. They were separately packed and sealed with seal 'M' by ASI Bhim Sen. The remaining charas was also separately packed and sealed with seal 'M". Memorandum of recovery was prepared and ruka (PW3/A) was sent to Police Station, Manali for the registration of the case. F.I.R. Exhibit PW8/A was accordingly registered. The accused was informed of the offence he has committed and the punishment prescribed for such offence by a memorandum Exhibit PW1/D. The case property was produced by A.S.I. Bhim Sen before Inspector Jagdish Chand (PW 5), S.H.O. Police Station, Manali who also put his seal 'H' on both the samples as well as parcel of remaining charas. The case property thereafter was deposited with the Moharrar Head Constable Mohar Singh (PW 6) who after making necessary entry (Exhibit PW6/A) in the register deposited the same in the Malkhana. One of the sample was sent, along with NCB form in triplicate, to the Chemical Examiner, CTL Kandaghat for analysis. The Chemical Examiner found the sample on analysis to be that of charas. The accused was accordingly prosecuted, convicted and sentenced, as noticed above.