TEK CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT has been convicted of an offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for ten years and to pay fine of rupees one lakh; in default of payment of fine to undergo rigorous imprisonment for further period of four years, for allegedly being in exclusive and conscious possession of 500 grams of 'Charas'.

(2.) ACCORDING to the prosecution on 5.1.2003 around 6.10 p.m. when HC Dhani Ram (PW-10) accompanied by Inder Singh (PW-4) and Constable Bodh Raj was present near English wine shop at Aut in connection with the routine patrolling, the appellant was seen coming from the side of the public urinal. On seeing the police, the appellant became nervous, which aroused the suspicion of HC Dhani Ram (PW-10) and his companions. The appellant was over-powered. He was told that it was intended to search his person and he had the right to be searched in the presence of a Magistrate or a Gazetted Officer and in case he so desired, search in the presence of a Magistrate or Gazetted Officer could be arranged. However, the appellant, allegedly opted for being searched on the spot by HC Dhani Ram (PW-10). Thereafter search was conducted and one bag was recovered from the appellant. There were three packets in that bag and those packets contained 'Charas'. On weighment, the 'Charas' was found to be 500 grams. Two samples, each weighing 25 grams, were separated. The samples and the bulk 'Charas' were made up into three parcels and the parcels were sealed with a seal which produced the impression of letter 'T' of English alphabet. Case property was produced before the S.H.O. Police Station Aut, who affixed his own seal, which produced the impression of letter 'A' of English alphabet, on all the three parcels. Thus, the three parcels bore two type of seal impressions, one which read like letter 'A' of English alphabet and another which read letter like 'T' of the same alphabet. MHC Ram Lal (PW-8) sent one of the two samples to the Chemical Laboratory through constable Sarban Kumar (PW-7). The Chemical Examiner opined that the sample contained contents of 'Charas' as it was found to contain 31.26% resin.

(3.) JUDGMENT of the trial Court has been assailed on various grounds by the learned counsel for the appellant. It is submitted that though according to the prosecution version there were three packets containing 'Charas', in the Court when the parcel containing bulk 'charas' was opened, four packets were found. Another submission made by the learned counsel for the appellant is that the weight of the stuff contained in the three parcels, which were deposited with the M.H.C. in-charge Malkhana, was apparently 725 grams, though the total weight of the recovered stuff was 500 grams only. He further submitted that as per evidence on record, i.e. the testimony of MHC Ram Lal (PW-8) and Sarban Kumar (PW-7), the sample was carried to the Chemical Laboratory and delivered at such laboratory on 6.1.2003, but according to the report Ext. PN of the Chemical Examiner, the sample was received on 7.1.2003.