GULAM RASOOL Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT is aggrieved by the judgment of the trial Court, whereby he has been convicted of offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rupees one lakh; in default of payment of fine to undergo rigorous imprisonment for further period of two years.

(2.) PROSECUTION version, as per evidence on record, may be summarized thus. On 29.1.2002 PW-14 ASI Joga Singh, Incharge Police Post, Banikhet had been checking the buses during night at Police Post Banikhet. Around 11.15 p.m. a bus, which started from Bharmaur and was bound for Dharamshala, reached the said Police Post. The bus stopped at the barrier put up at the site of check post. PW-14 ASI Joga Singh accompanied by PW-3 HHC Desh Raj and PW-8 Ram Parkash, Constable went inside the bus to do checking. In the course of checking of the passengers and their luggage, appellant who was occupying seat No. 19, was found to have hidden a plastic packet inside the 'Pyjami' worn by him. It was taken out and was found to contain 'Charas'. Appellant was made to alight from the bus in the presence of the driver and the conductor of the bus, namely PW-12 Ashok Kumar and PW-13, Sarup Chand, respectively. The 'charas' was weighed with the scales and weights, which were arranged from a nearby shop. The weight was found to be 900 grams. Two samples, each weighing 10 grams, were separated. The samples and the rest of the recovered stuff were made up into three separate parcels. The parcels were sealed with a seal that produced the impression of English letter 'D'. Specimen impressions of the seals were affixed on a piece of cloth. NCB form was filled in. Written report of the search and seizure was prepared and sent to the Police Station for the registration of the case. The case property was deposited with the S.H.O. Shri Jitender Kumar, Inspector (PW-9), who affixed his own seal, which produced the impression of English letter 'A'. One of the two sample parcels was sent to the Chemical Examiner, who opined that it contained contents of 'Charas', because it had 26.37% resin.

(3.) LEARNED counsel representing the appellant made two-fold submissions. His first submission was that this was a case where provision of Section 50 of the Narcotic Drugs & Psychotropic Substances Act was attracted, but it had been given a complete go-bye by the Investigating Officer. His second submission was that the stuff contained 'Charas' only to a limited extent, i.e. 26.37%, and hence the quantity allegedly recovered, needed to be calculated on the basis of the percentage of 'Charas' in the stuff.