GANPAT SADHU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant has been convicted by the Presiding Officer, Fast Track Court, Mandi under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter be called the Act, and sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs.50,000/-, allegedly having been found to be in his possession 700 gms Charas. He has assailed his conviction and sentence in the instant appeal.

(2.) IN brief, the prosecution case has been that on 10.1.2004 at 5.30 p.m., S.I. Dabe Ram of Police Station Aut was on patrolling duty in the Bazar. The police party spotted the appellant on the stairs of the public toilet holding a bag on his left shoulder, who on seeing the police party started running downwards. On getting suspicion, he was apprehended by HHC Munshi Ram (PW3). On searching the bag in his possession, in the presence of Nande Ram (PW2), the police recovered 700 gms. of charas, out of which two sample of 25 gms. each were separated and sealed with seal impression 'H'. The samples were sealed separately with the same seal. The charas was taken into possession vide memo Ext.PW1/A. The samples of seals Ext.PW1/C was separately taken and NCB form Ext.PW1/D was filled in triplicate on the spot. A Rukka Ext.PW6/A was sent through HHC Munshi Ram aforesaid, on the basis of which FIR Ext.PW6/B was formally registered by HC Gandhi Ram (PW6). The police prepared site plan Ext.PW8/A. On the personal search, the identify card Ex.P4 was taken into possession vide seizure memo Ext.PW8/B. the grounds of arrest was also informed vide memo Ext.PW8/C. The case property alongwith NCB forms, seizure memo and sample seal were deposited with HC Gandhi Ram (PW6) on the same day at 8.30 p.m., which was entered in the register of Malkhana, copy of which is Ext.PW6/C. Next day, i.e. on 11.1.2004, the same pf charas alongwith NCB forms, sample seal and FIR were sent to Composite Testing Laboratory, Kandaghat, vide R/C No.99/2004, through Constable Inder Singh, who deposited the same on the same day. The special report Ext.PW5/B was also prepared and sent to the Additional Superintendent of Police through HHC Munshi Ram. On receipt of Chemical Examiner report Ext.PW8/D, the challan was presented in the court for trial.

(3.) I have heard Ms. Kamlesh Kumar, learned counsel for the appellant and Mr. V.K. Verma, learned Additional Advocate General for the respondents. I have considered the rival contentions thoughtfully.