NAGESHWAR MEHTO Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgement of conviction besides qua sentence(s) in sequel thereof as stood pronounced upon the accused/convict for his committing an offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act.

(2.) The brief facts of the case are that on 15.6.2007 at about 4.30 p.m H.C. Subhash Chand was present in his office and received a secret information that accused deals in Ganja in huts near Kushat Ashram, Una and on that day he was seen there in search of customers. Thereafter, after completing codal formalities he formed a raiding party consisting of constables Anil Kumar, Surinder Singh, Gurdial Singh and Rajesh Kumar and proceeded towards Kushat Ashram. Near Kushat Ashram, Una he joined Surinder Kumar and Sukhdev Singh as independent witnesses. At about 6.10 p.m when they were present there, the accused came from the side of railway track with the bundle hanging on his right shoulder. He was intercepted by the police and informed that he was suspected to be possessing Ganja and his search was to be conducted. The accused was informed of his right to be searched before the Gazetted Officer or the Magistrate but the accused stated that he wanted to give his search to the police party present at the spot. So the search of the accused was conducted by the police. Before this search the police officials present at the spot gave their search to the accused regarding which memo Ext.PW-1/B was prepared and nothing incriminating was recovered. Thereafter the search of the accused as well as bundle in his possession was conducted and a polythene envelope was recovered from the bundle. The polythene envelope was containing Ganja which on weighing was found to be 3 K.gs. Thereafter two samples of 250 grams each were separated from it and the samples as well as bulk were sealed with seal having impression of English alphabet 'S' and the seal after use was handed over to PW Surindr Kumar. Thereafter, the accused was arrested and grounds of his arrest were communicated to the accused and information of his arrest was given to his wife. Thereafter, the accused along with case property was produced before the SHO, who resealed the case property with seal bearing impression of English alphabet "D" and deposited the same with the MHC. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) A charge stood put to the accused by the learned trial Court for his committing offences punishable under Sections 20 of the NDPs Act to which he pleaded not guilty and claimed trial.