GURDASS SINGH Vs. STATE OF H P

JUDGEMENT

(1.) Petitioner is an accused in FIR No.70/16, registered against him under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the Act in short, in Police Station, Palampur, District Kangra with the allegations that the police of Police Station, Palampur, while on patrol duty and conducting traffic checking at SSB Chowk, received a secret information that charas is being transported in an Alto Car bearing registration No.HP01-M-2294 being driven from Baijnath to Palampur side. The information was reduced into writing and forwarded to SDPO, Palampur through the Police Personnel. The Police Party left towards Baijnath road. One constable was deputed to bring someone for being associated as independent witness(s). The said constable brought two persons with him, who were associated to witness the search and seizure. Around 5.50 p.m. the car was seen coming from Baijnath side. The Police signaled the person driving the car to stop it. The car was stopped and antecedents of the person on its wheel and other persons were inquired into. It is thereafter the search of the car was conducted. One bag was recovered from its Dickey. It is inside this bag, another polythene bag was found to be kept. Some black substance in the shape of sticks was recovered from that bag. The I.O., on the basis of his experience, found the recovered substance as charas. It was weighed and found one kilogram. The recovered charas was sealed in a parcel. The sample of seal was obtained separately. NCB-I Form was also filled-in in triplicate.

(2.) The accused petitioner has been arrested on the same day and is presently in judicial custody.

(3.) Learned counsel has argued with all vehemence that in view of the contraband allegedly charas weighing one kilogram being below commercial quantity, the rigours of Section 37 of the Act, are not applicable and the accused-petitioner, who according to learned counsel, is a local resident, has been sought to be released on bail.