KARAM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT Karam Chand is aggrieved by the judgement dated 2.3.2004 of the Sessions Court, whereby he has been convicted of an offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- and in default of the payment of fine, to undergo simple imprisonment for a further period of two years. So, he has preferred this appeal seeking the reversal of the judgement.

(2.) CASE of the prosecution, as per record is as follows. PW 12 Jatinder Kumar, SHO, Police Station, Dalhousie assisted by PW 11 ASI Amar Singh and some other police officials had organized a Nakka at a place called Zero Point near village Goli on 8.2.2002. Around 9.30 a.m., ASP-cum-SDPO, Dalhouse Sh. Gianeshwar Singh (PW 17) accompanied by some subordinate officials also reached there. In the meanwhile, a Maruti van registered as taxi, which was being driven by PW 2 Khushi Ram reached there. It was got stopped for checking. PW 1 Brij Mohan was sitting beside the driver. When the vehicle and the papers of the vehicle were being checked, two persons, one of whom was appellant Karam Chand, appeared from Chaura Dam side. Appellant was carrying a Pithu (haversack) on his back. On seeing the police, the appellant and his companion turned back and tried to run away. That aroused the suspicion of PW 17 ASP Gianeshwar Singh. He apprehended both of them with the help of the police officials present on the spot. Pithu carried by the appellant on his back was searched. It was found to contain another yellow coloured bag. This second bag was opened. It was found to contain charas. PW 4 Ashok Kumar was deputed to procure scale and weights from some nearby shop. He brought the same from the shop of PW 3 Mohan Singh. The charas weighed 15 Kilo 500 grams. Two samples were taken out. Samples and the bulk charas were made up into three separate parcels, which were sealed separately. All this happened in the presence of Brij Mohan PW 1 and Khushi Ram PW 2, whose Maruti van had been got stopped for checking purpose. Search and seizure memo Ex. PA was prepared, which was signed by these two witnesses, besides the police officials. One of the samples was later on sent to the Chemical Examiner, who reported its contents to be of charas.

(3.) THE appellant and his companion took the plea that on the relevant date they had gone to a water-mill situated at a short distance from the site of the alleged search with bags of maize to get the maize ground into flour, where police men were already present and some charas was also lying in a bag and that that charas was planted upon them.