MANJEET SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal has been preferred by the Appellant-accused (hereafter referred to as 'the accused') against the judgment dated 7.7.2004 passed by the learned Additional Sessions Judge, Ghumarwin, whereby the accused has been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereafter referred to as 'the NDPS Act') and has been sentenced to undergo rigorous imprisonment for four years and fine of Rs. 25,000/- and in default of payment of fine to undergo further rigorous imprisonment for three months.

(2.) Case of the prosecution in brief is that on 26.3.2002 a Police party consisting of SI Shamsher Singh (PW-9), HC Karam Chand (PW-3), HHC Shakti Chand and Constable Rattan Chand was on patrol duty in Talai Bazaar. At about 8.15 a.m., PW-9 received a secret information that a person having a drum (Dholki) slung on his shoulder was engaged in selling Charas near Saryali Bridge. Such information Ext.PW-5/A was reduced into writing by PW-9 and was sent to the Superintendent of Police, Bilaspur through HHC Shakti Chand. PW-9 formed a raiding party in which PW-3, Constable Rattan Chand and two independent witnesses, namely Hem Raj (PW-1) and Bal Krishan were associated. The raiding party so formed proceeded towards Saryali Bridge where they found a person i.e. the .accused having a drum slung on his shoulder and having a bag on his other shoulder. On seeing the police party, the accused tried to escape but was apprehended by the members of the raiding party. On enquiry, he disclosed his particulars. He was given the option Ext. PW-l/A of getting himself searched before a Magistrate or the Gazetted Officer or by PW-9. The accused agreed to be searched by PW-9 vide memo Ext. PW-l/B. The police officials including PW-9 offered themselves to be searched by the accused and they were searched by the accused but nothing incriminating was found on the person of PW- 9, PW-3 and Constable Rattan Chand vide memo Ext. PW-l/C. Thereafter, PW-9 searched the bag of the accused which contained some clothes and Charas packed in polythene paper. Presence of Bhajan Lai (PW-2) was then procured by PW-9 through PW-3 and the Charas was weighed by PW-2 and was found 480 grams. Two samples of 10 grams each were drawn from the Charas so recovered and the samples and the remaining Charas were made into three parcels which were sealed with seal 'A' and recovery memo Ext. PW-l/D about the recovery, sampling and seizure was prepared. The seal used for sealing the case property was handed over to PW-1 vide receipt Ext.PW-1 /E. PW-9 prepared ruka Ext.PW-3/A which was sent to Police Station, Talai through Constable Rattan Chand for registration of a case and, as a consequence, FIR Ext.PW-6/A was recorded at the Police Station. The accused was arrested after disclosing the grounds of his arrest vide memo Ext.PW-3/B. The case property was then taken to the Police Station and deposited in the Malkhana with MHC Vipan Kumar (PW-7) who on 27.3.2002 sent one sample packet of the Charas to Chemical Examiner, Kandaghat through Constable Kartar Singh (PW-8) alongwith relevant form. On analysis of the sample, the Chemcial Examiner found the contents of the sample to be Charas vide his report Ext. PX. A charge-sheet was submitted against the accused, who came to be tried by the learned Additional Sessions Judge on a charge under Section 20 of the NDPS Act.

(3.) To prove the charge against the accused, prosecution examined as many as 9 witnesses. Statement of the accused was recorded under Section 313, Criminal Procedure Code, wherein he denied the prosecution case and claimed that he had been falsely implicated in the case by the police in connivance with Hem Raj and Bhajan Lal. The accused however, did not lead any defence evidence.