LAWS(HPH)-2006-3-4

NARCOTICS CONTROL BUREAU Vs. YUVRAJ GURANG

Decided On March 22, 2006
NARCOTICS CONTROL BUREAU Appellant
V/S
YUVRAJ GURANG Respondents

JUDGEMENT

(1.) This Criminal Revision has bei n filed by the complainant-Narcotics Control Bureau, Chandigarh (hereinafter relrrred to as the NCB) against the order of the learned Sessions Judge, Shirnla dated 27 10-2005 insofar as he has rejected the prayer of the NCB for recalling two witnesses Balbir Singh and Surender Singh.

(2.) The facts necessary for disposal of the case are that the NCB filed a complaint in the Court oflearned Sessions Judge, Shimla under Sections 8, 18, 20, 25, 27-A and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) against the accused Yuvraj Gurang and Gurusharan Sharma alias Gulshan. The allegations, in brief, are thai on prior information received the NCB carried out a raid in the premises occupied by yuvraj Gurang in the basement of Hari Bhawan at Shoghi on National High Way No. 22. T'his building is stated to be owned by the second accused Gurusharan Sharrna who is running Sharma Dhabha therein. During the course of the search and seizure operation the search party is alleged to have recovered from the possession of the accused Yuv Raj Gurung 'charas' weighing 4.800 k.gs. and 500 gms of opium in two separate packets. These packets were stated to have been kept by Yuvraj Gurang under a double bed in his room.

(3.) It is further the case of the prosecution that thereafter Yuv Raj Gurang made a statement under Section 67 of the NDPS Act. In this statement he stated that he had been given 5 k.g. 'charas' and 1 k.g. of opium by Gurushran Sharma the second accused. According to this statement, this contraband had been given to Yuv Raj by Gurushran for further sale. As per this statement the accused Gurushran Sharma who was the owner of the Sharma Dhabha used to supply opium and charas to him for selling the same to the customers/drivers visiting the dhabha. The investigation also revealed that Yuvraj was working in Sharma Dhabha owned by Gurusharan Sharma for many years. The accused Gurusharan Sharma was asked to join investigation. Initially he did not do so but later on he joined the investigation at Chandigarh on 24-2-2005. According to the prosecution, Gurusharan Sharma also made a confessional statement under Section 67 of the NDPS Act which has been proved at Ext. P.W. l/V/3. This confessional statement is dated 24-2-2005. The said statement is signed by two witnesses Surender Singh and Balbir Singh.