HARISH CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT Harish Chand has preferred this appeal against the judgment of the trial Court whereby he has been convicted of offence under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/-, in default of payment of fine to undergo rigorous imprisonment for a further period of two years, for allegedly possessing 16 kgs. of Charas on 23.11.2002 at Bus Stand Banikhet.

(2.) PROSECUTION version, as per record, may be summed up thus. On 23.11.2002, PW-11 Gianeshwar Singh, Assistant Superintendent of Police (an IPS probationer), was on VVIP duty at Banikhet alongwith a number of police officials. The time was around 8 in the morning. He noticed that the appellant, who was holding a green coloured bag, got unnerved on seeing him and other police officials accompanying him. That aroused suspicion of PW-11 Gianeshwar Singh. He went to the appellant, who was standing in the rain shelter, and enquired about his name and other particulars and told him that it was intended to search his person and the bag he was carrying, because he suspected that he (appellant) was carrying some contraband. The said Police Officer told the appellant that the latter had the right to be searched in the presence of a Magistrate or a Gazetted Officer and in case he so desired search of his person and the bag could be arranged in the presence of a Magistrate or a Gazetted Officer. Appellant opted to be searched by PW-11 Gianeshwar Singh himself, there and then. Thereafter, the bag of the appellant was searched. It was found to contain stuff that smelt like Charas. Scale and weights were arranged from a nearby shop and the stuff was weighed. It was found to be 16 kgs. Two samples, each weighing 25 grams, were separated. Search and seizure proceedings were conducted in the presence of two independent witnesses, namely PW-10 Surinder Bhawani and one Krishan Hastu. Further investigation of the case was handed over to PW-12 ASI Amar Singh. Case property was also handed over to him by PW-11 Gianeshwar Singh. PW-12 ASI Amar Singh put his own seal on the sample parcels and the parcel containing the bulk stuff. The parcels containing the bulk stuff and the samples were deposited with the MHC. One sample was sent by the MHC to the Chemical Examiner, who reported that it contained contents of Charas, because it had 28.15 per cent resin.

(3.) WE have gone through the record and heard the learned counsel for the appellant.