KOJI TATENO Vs. STATE OF H.P.

JUDGEMENT

(1.) BY way of this appeal, under Section 36 B of the Narcotic Drugs & Psychotropic Substances Act, 1985, judgment of trial Court, whereby the appellant has been convicted of an offence under Section 20 (B) of the Narcotic Drugs & Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.25,000/-, has been challenged.

(2.) PROSECUTION version may be summed up thus. On 4.3.2004 around 6.00 a.m. when PW-9 Balwant Singh, then posted as SI In-charge Police Post, Manikaran, accompanied by HHC Bhag Chand (PW-2), Constable Gurdial Singh (PW-1) and HHC Rattan Lal (DW-1), was present at a place called Samod-Nalla near Hurludhar, the appellant was spotted Whether reporters of the local papers may be allowed to see the judgment? coming from Kasol side. He was carrying a haversack on his back. On seeing the police, the appellant turned somewhat shaky and nervous, which aroused the suspicion of PW-9 SI Balwant Singh. He suspected that the appellant might be carrying some narcotic drug or psychotropic substance. In the meanwhile, a taxi reached the spot. It was being driven by PW-8 Diwan Singh. The taxi was got stopped and its driver was associated as an independent person to witness the proceedings. Thereafter SI Balwant Singh (PW-9) informed the appellant, in writing, that it was intended to search his person and the haversack and he had the right to be searched in the presence of a Gazetted Officer or a Magistrate and in case he so desired, such search could be arranged in the presence of a Magistrate or a Gazetted Officer. The appellant opted for being searched by SI Balwant Singh on the spot. Thereafter the haversack was searched and it was found to contain 'Charas' which weighed 600 grams. Two samples, each weighing 25 grams, were separated. The samples and the bulk charas were made up into separate parcels and the parcels were sealed as per requirement of law. One of the samples was sent to the Chemical Examiner, who opined that it contained resin to the extent of 34.08 per cent.

(3.) THE trial Court, relying upon the testimony of PW-1 Gurdial Singh, PW-2 Bhag Chand and PW-9 SI Balwant Singh, held that the case against the appellant stood established beyond reasonable doubt and consequently convicted and sentenced him, as aforesaid.