KASAM DEEN Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is directed against the judgment of Special Judge, whereby the appellant has been convicted of an offence, under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act (hereinafter called the Act) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to undergo simple imprisonment, for a further period of two years.

(2.) Prosecution version, as per record is like this. On 27-2-2002, Inspector Kulwant Singh (P.W. 10), SHO, Police Station, Chamba, assisted by ASI Narup Singh, LHC Kartar Singh (P.W. 1) and Constable Manohar Lal (P.W. 2) organized a Nakka near village Kandla, a place about 35 kilometers from Police Station, Chamba. Around 1.00 p.m. ASP Gianeshwar Singh (P.W. 9) accompanied by HC Ajit Kumar and Constable Yoginder Singh (P.W. 5) reached the site of the Nakka. He started imparting some instructions to the S.H.O. and the police officials accompanying him. In the meanwhile, a man was seen coming along the road. He was carrying a bag slung on his right shoulder. On seeing the police, he shuddered and immediately turned about and tried to run away. That aroused the suspicion of the police people. On the command of ASP Gianeshwar Singh his subordinates chased and nabbed him. The man was the appellant. The bag, which he was carrying, was searched. It contained another bag in which there was charas in the shape of balls and fingers. Constable Manohar Lal (P.W. 2) was deputed to fetch weights and scale and also to arrange two local witnesses. He brought weight and scale and two witnesses, namely P.W. 3 Man Singh and P.W. 4 Karam Singh. In the presence of these two witnesses, charas was weighed. It was found to be 8 Kilo and 500 grams. Two samples, each weighing 25 grams were separated. The samples and the bulk charas were made up into three separate parcels and the same were sealed. Search and seizure memo was prepared. The appellant was taken into custody. The case property i.e. the bulk charas, samples and the NCB form, which was filled in on the spot, were deposited with the Moharrar Head Constable. One of the samples was sent to the Chemical Examiner, who after chemical analysis reported that the sample contained contents of charas.

(3.) Appellant was challaned in the Court of Special Judge, who after complying with the requirement of Section 207, Code of Criminal Procedure, charged him with the offence, under Section 20 of the Act, and on his pleading not guilty put him on trial. On the conclusion of the trial, appellant was held guilty and, therefore, convicted and sentenced, as aforesaid.