RAJ KUMAR Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 26.11.2014, rendered by the learned Special Judge-II, Mandi, H.P., in Sessions trial No. 9/2013, whereby the appellant-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sections 8, 20 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act), has been convicted along with the co-accused Pawan Kumar. Accused Raj Kumar was sentenced to undergo rigorous imprisonment for a term of ten years along with fine of Rs. 1,00,000/- and in default of payment of fine, he was further ordered to undergo simple imprisonment for a period of one year under Section 29 of the ND & PS Act. Accused Pawan Kumar alias Lucky Sharma was sentenced with rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine to undergo simple imprisonment for a period of one year for commission of offence under Section 20(b)(ii)(C) and 29 of the ND & PS Act.

(2.) The case of the prosecution, in a nut shell, is that Intelligence Officer Karamveer Singh, NCB Sub Zone, Mandi, received a secret information. The grounds of belief were reduced into writing vide Ext. PW- 5/J. The secret information was sent to Superintendent, NCB Chandigarh vide memo Ext. PW-5/K. The Superintendent, NCB Chandigarh asked him to constitute a raiding party. Raiding party was constituted. Two independent witnesses, namely, Narain Singh and Jai Lal were also associated. At 7:20 AM, two persons were seen coming from Katindhi side. They were stopped. Accused Pawan Sharma was carrying a bag of red and blue colour on his shoulder. The accused were apprised of their legal right to be searched either before a Magistrate or a Gazetted Officer vide Ext. PW-5/A and Ext. PW-5/A-1. The accused gave their willingness to be searched by the NCB team. During search of the bag, one polythene bag was recovered from the bag which was containing finger shape brown substance packed in a transparent polythene. The substance was found to be charas. It weighed 1kg. 300 grams. The recovered charas was taken into possession vide memo Ext. PW-2/A. Two samples of 25 grams each were separated from the recovered charas and the same was kept in polythene packet and sealed and thereafter it was wrapped in paper envelope. The samples were marked as Mark A-1 and Mark A-2. The remaining bulk was also packed in polythene bag which was also heat sealed and put in a cloth parcel. It was marked as Lot A. The packing material and the bag of the accused were sealed in a separate marked cloth and it was marked as Lot-P. The I.O. affixed four seals on Mark A-1, A-2 each and three seals on Lot-A and Lot-P, each. The statements of the witnesses were also recorded under Section 67 of the ND & PS Act. The contraband was produced and handed over to Office In-charge Godown at NCB Chandigarh against receipt Ext. PW-5/G. The chemical examiner's report is Ext. PW-1/A. The investigation was completed and the challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as six witnesses. The accused were also examined under Section 313 Cr.P.C. According to them, they were falsely implicated. The learned trial Court convicted the accused, as noticed hereinabove. Hence, this appeal.