GURCHARAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE present appeal arises out of judgment dated 10th May, 2007 passed by Special Judge (Addl. Sessions Judge, Solan), camp at Nalagarh, H.P. in Sessions Trial No. 2-NL/7 of 2006, titled as State of H.P. vs. Gurcharan Singh, convicting the accused of an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) AS per the case of prosecution based on a secret information that the accused was indulging in an illicit trade of poppy husk on 23.2.2005, a raiding party was formed and the house of the accused was searched where 30 Kgs. of poppy husk was found. Five samples of 200 gms. each were drawn separately and five separate Whether the reporters of Local Papers are allowed to see the Judgment? parcels were prepared, which were sealed and seal impression was affixed. The gunny bags containing the remaining poppy husk were also sealed and seized. Rukka (Ext.PW-7/A) was prepared and forwarded to the police and FIR No. 34 of 2005 dated 23.2.2005 (Ext.PW-7/E) under Section 15 of the Act was registered at Police Station, Nalagarh. The sealed samples were sent for Chemical Analysis and with the completion of investigation, challan was filed in the Court for trial. The accused was charged for an offence under Section 15 of the Act, to which he did not plead guilty and claimed trial.

(3.) LEARNED counsel for the appellant has argued that the case is fully covered by the decision rendered by a Division Bench of this Court on 2.11.2007 in Criminal Appeal No. 295 of 2004 (Rajiv Kumar alias Guglu vs. State of H.P.) and the conviction has to be set aside in view of the ratio of law laid down by the Court. According to him the report of the Chemical Examiner is similar to the one which was under consideration before the Division Bench. He has, however, not argued the matter on the merits. On a query put to the learned Addl. Advocate General representing the State, it was so clarified by him that the decision rendered by the Division Bench fully covers the case of the appellant. This Court in Rajiv Kumar (supra) has held as under:-