JEET BAHADUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE challenge has been made by the appellant against his conviction and sentence, passed under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short the Act, for allegedly having 2.00 K.Gs of Charas in his possession.

(2.) THE factual matrix of the case is that on 19th January, 2004, Inspector Madan Lal (PW7) was heading a police party and was on a patrolling duty and detection of crime in Manikaran area. The police party spotted the appellant coming from Manikaran side and was going towards Siundh, with a rucksack on his back. On seeing the police party, he had tried to escape, but was overpowered. On inquiry, he disclosed his identity. The said place was isolated one. No human habitation was nearby. Inspector Madan Lal suspected contraband in the possession of the appellant, therefore, he associated his own official witnesses, HC Ranjeet Singh (PW5) and Constable Santosh Kumar (PW6). He gave him the option to be searched either before a Magistrate or a Gazetted Officer, which option was reduced into writing vide memo Ext.PW5/A. The appellant opted to be searched by Inspector Madan Lal aforesaid.

(3.) THE Investigating Officer aforesaid prepared the site plan Ext.PW3/C and recorded statements of the witnesses. The appellant was arrested informing him about the grounds of his arrest. Case property as well as the appellant were produced before the Sub Inspector, Kamla (PW3), who had resealed the case property with her own seal producing the impression of English letter 'T'. The case property was deposited with MHC Roop Singh (PW2), in the Malkhana, who made an entry in the relevant register, copy of which is Ext.PW2/A. One of the sample was sent vide RC Ext.PW2/B, through HHC Jai Kishan (PW4), for analysis. The special report Ext.PW1/A was also sent to the Additional Superintendent of Police. On the receipt of the report Ext.PA of the Chemical Examiner, who found the contents of Charas in the said sample, the case was presented for the trial of the appellant in the court.