KINGETT EDWARD CHRISTOPHER Vs. STATE OF H P

JUDGEMENT

(1.) The present appellant was prosecuted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be called as the Act), and after trial was convicted and sentenced to undergo imprisonment for ten years and to pay a fine of rupees one lac. In default of the payment of fine, the appellant was further sentenced to undergo simple imprisonment for one year.

(2.) The case of the prosecution as revealed from the record has been that one constable Harnam Singh of State C.I.D. was present in Bhunter on 10th September, 1994 at about 1.45 P.M. He informed Head Constable Rattan Chand (P.W. 1) at Air Port, Bhunter near the gate that a Foreign National, who was present near the gate was suspected to possess some contraband. Head Constable Rattan Chand alongwith Constable Harnam Singh apprehended the present appellant and took him to the security room of the Air Port. Thereafter, HC Rattan Chand sent Constable Rarnam Singh to inform the S.H.O., Police Station, Kullu or Incharge of the Police Post, Bhunter or any other police officer available at Bhunter so that search of the appellant could be taken. Additional S.H.O., Police Kullu S.I. Nihal Chand (P.W. 9) at that time was on patrol duty in Bhunter Bazar, where Harnam Singh informed him about the present appellant and thereafter, S.I. Nihal Chand prepared the information report of the case and sent the same to S.P., Kullu through Jatia Ram (P.W. 4) L.H.C. S.I. Nihal Chand came to the security room of the Air Port alongwith Harnam Singh and found H.C. Rattan Chand and the present appellant in the security room. After verifying the pass-port and other antecedents of the present appellant, S.I. Nihal Chand informed the appellant orally as well as in writing vide Ext. P.W. 1/A that since he was suspected to have Charas, his search was required to be conducted and the present appellant was given option to offer his search either to the police party, or before a gazetted officer or before a Magistrate. According to the prosecution case, the appellant signed Ext. P.W. 1/A in token of his consent for his search to be taken by the police party itself and in the meanwhile, Sh. K.K. Indoria (P.W. 5), the then Dy. Superintendent of Police, Kullu also came there on routine checking duty. The search was conducted by S.I. Nihal Chand in the presence of Head Constable Rattan Chand, Constable Harnam Singh and the Dy. Superintendent of Police. A bag carried by the appellant was searched and out of that search some personal belongings mentioned in the list Ext. P.W. 1/B were recovered and at the bottom of the bag, a paper box was found, which was sealed on all sides with tape. The tape was removed from one side by S.I. Nihal Chand and he found Charas in the same in the form of Golies (rounds) and sticks wrapped in a plastic paper which were recovered. The charas so recovered on weighing was found to be 490 grams. Two samples of 25 grams each were separated from the Charas, so recovered and the samples were sealed in two different empty packets of Dhoop with seal T and the remaining Charas was sealed in a separate parcel with the same seal. A recovery memo was prepared and the seal after use was handed over to Constable Harnam Singh.

(3.) Further prosecution case has been that S.I. Nihal Chand informed the appellant of the grounds of arrest vide Ext. P.W. 1/E, and thereafter arrested him under Section 20 of the Act for having charas unauthorised. Thereafter, a ruka Ext. P.W. 4/A was sent to the Police Station, Kullu, on the basis of which First Information Report Ext. P.W. 7/A was recorded. S.I. Nihal Chand also prepared special report of the case, copy of which was Ext. P.W. 6/B, and handed it over to ASI Om Parkash (P.W. 6) Reader to the S.P. Kullu for being put up before the S.P. Kullu.