DOLE RAM Vs. STATE OF H P

JUDGEMENT

(1.) Heard and gone through the records.

(2.) The appellant has been convicted of an offence, under Section 20 of the Narcotic Drugs and Paychotropic Substances Act and sentenced to undergo simple imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to undergo simple imprisonment for further period of six months for allegedly possessing 11.500 kgs. of charas, while travelling by bus No. HP-33-2107 from Mandi to Kullu on 19.2.2002. It has been alleged that around 8.00 p.m. When the bus stopped at a place called out, to enable the passengers to take tea and snacks, a police party headed by PW-8 Narinder Kumar, Inspector, boarded the bus for checking the passengers and their luggage. The appellant was allegedly found sitting on seat No. 22 of the bus. By his side, on the same bench of which seat No. 22 was a part, a bag was found lying on seat N. 23, which was allegedly held by the appellant by its straps. On touching the bag, Inspector felt that it contained charas in the shape of fingers. On suspicion, the appellant was given an option for being searched in the presence of a Gazetted Officer or a Magistrate and on the appellant's raising no objection to his search on the spot, the said Inspector conducted the search in presence of two independent witnesses, namely, PW-7 Nirbhay Singh and a shopkeeper Gulab Singh. In the course of search of the bag, charas contained in plastic bag was recovered. On weighment, it was found to be 11.500 kgs. Two samples weighing 25 gms. each, were taken out. The samples and the remaining charas were made up into separate parcels and the same were sealed with a seal which produced the impression of letter 'T' of English alphabet. Thereafter, a report was sent to the concerned police station, where the case was registered. Various papers in the form of search and seizure memos, giving of an option to the appellant for being searched in the presence of a Magistrate or a Gazetted Officer etc. etc., were prepared. The case property was deposited with MHC Ram Lal. One sample parcel was sent to the Chemical Laboratory. The Chemical Examiner reported that the sample was of charas. On receipt of the report of the Chemical Examiner, the appellant was sent up for trial.

(3.) The trial Court charged the appellant with an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act. The prosecution examined eight witnesses to bring the charge home to the appellant. The appellant in his statement u/s 313 Cr. PC denied that the charas belonged to him. He took the plea, while cross-examining the prosecution witnesses that the bag was lying in the aisle and that the police planted the same on him.