KAMAL CHAND Vs. N C B CHANDIGARH

JUDGEMENT

(1.) APPELLANT is aggrieved by the judgment of the trial Court whereby he has been convicted of offence under Section 20 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.

(2.) FACTUAL matrix of the prosecution case is like this. On 29th January, 2002, a team of Narcotic Control Bureau, Chandigarh, headed by P. W. 1 O. P. Sharma, superintendent, which included among others, P. W. 2 O. P. Bhatt, Intelligence Officer and P. W. 3 Hayyat Singh, OTC, reached Theog in shimla District. P. W. 2 O. P. Bhatt received secret information that smuggling of narcotic drugs, like Charas etc. was rampant in the area of Mahipul. He reduced this information into writing, vide Ex. PA. and handed it over to P. W. 1 O. P. Sharma, the latter being his immediate superior officer. P. W. 1 O. P. Sharma then requested the Sub divisional Police Officer, Theog, for providing two policemen to assist in organizing a naka at Mahipul. The said Police Officer made available the services of two police officials, namely P. W. 4 HC Mohinder Kumar and one Jagat Singh. The party started for mahipul around 10-30 p. m. Naka was laid at Mahipul around 12-30 a. m. on 30th january, 2002. Soon two persons were seen coming from the side of village Balag. They were carrying bags slung on their shoulders. Appellant was carrying a blue coloured bag and the other man, named Jugat Singh, a green coloured bag. On seeing the police, the appellant and his companion Jagat singh turned about and tried to run away. They were overpowered. They were informed, in writing, that search of their person and bags was intended to be conducted, because it was suspected that they were carrying some contraband and in case they so desired, the intended search could be arranged in the presence of a Magistrate or a Gazetted officer. Appellant and his companion opted for the search of their persons and bags on the spot by P. W. 1 O. P. Sharma and P. W. 2 O. P. Bhatt. Thereafter, search of the bag of the appellant was conducted. It was found to contain Charas, which weighed 4 kgs. Two samples, each weighing 24 grams, were separated. Samples and the bulk Charas were made into three separate parcels. The bag containing Charas was also seized and made into another parcel. All the parcels were sealed with the seal of the Narcotic Control Bureau. Thereafter, a notice, under Section 67 of the Narcotic Drugs and psychotropic Substances Act, was served upon the appellant and he was thereafter questioned as to the source of the recovered charas and where he was carrying it. He made statement that he had procured the charas from Paras Ram, a shopkeeper of village Giankot, and was carrying it so sanjauli where it was to be delivered to someone.

(3.) SAMPLE of the stuff recovered from the appellant was got tested from Chemical examiner, Department of Revenue, Ministry of Finance, Central Revenue Control laboratory, New Delhi. The said Examiner reported, per report Ex. PT, that the sample was of Charas.