JASWANT KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant is aggrieved by judgment dated 4.10.1996 passed by Additional Sessions Judge, Kullu, District Kullu whereby he is convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to rigorous imprisonment for a period of ten years and to pay a fine of Rs. one lac. In default of payment of fine, the appellant is to further undergo simple imprisonment for one year.

(2.) THE prosecution case in brief is that on 3.3.1996 at about 6.45 p.m. Constable Kanhaiya Lal informed ASI Om Chand, who was officiating as SHO, Police Station, Banjar, on telephone that a person, who appears to be resident of Punjab, is sitting in the rain shelter near Banjar Bus Stand and he was suspected to be having 'Charas' with him. This information was reduced into writing and sent to Supervisory Officer by W/T message through Police Radio Station, Banjar after entering it in Daily Diary Report No. 19 dated 3.3.1996. Thereafter, ASI Om Chand PW-12 along with constable Devia Ram PW-5 proceeded to the spot and on his way independent witnesses Bhup Singh PW-1 and Kishori Lal also joined them and on reaching the rain shelter near Bus Stand, Banjar, they noticed a person sitting there having covered himself with Pattu (blanket). On enquiry, the said person gave his name as Jaswant Kumar son of late Shri Mohinder Kumar, resident of Shivpuri, Street No. 5, Phagwara, District Kapurthala (Punjab), the present appellant. Thereafter, ASI Om Chand PW-12 informed the appellant in the presence of independent witnesses that he intended to search him as he was suspected of having Charas with him. He further informed him orally as well as in writing by memo Ex. PW-1/A as to whether he would like to give his search to him or before a Gazetted Officer or Magistrate, in response to which the appellant made endorsement on Ex. PW-1/A under his signatures that he would give his search to a Magistrate. Accordingly ASI Om Chand PW-12 took the appellant to Shri Hans Raj Sharma, PW-2, the then Sub Divisional Magistrate, Banjar, in whose presence, on personal search of the appellant a greenish coloured polythene packet was recovered, wherefrom Charas weighing 750 grams was found, out of which two samples of 25 grams each were separated and put in separate parcels with seal 'T' and the remaining Charas was also put in a separate parcel and recovery memo Ex. PW-1/B was prepared. The appellant was also given the grounds of arrest vide memo Ex PW-1/C. One sample parcel was sent to Composite Testing Laboratory, Kandaghat through Constable Chitter Dev PW-4, which has certified vide Ex. PW-1/A that the contents of the said parcel were Charas. Thereafter, challan gas put up and trial was held against the appellant by the Additional Sessions Judge, who has convicted the appellant on the basis of the evidence on record.

(3.) THE appellant in his statement under Section 313 Cr.P.C. has denied the prosecution story being incorrect and claimed himself to be innocent, as nothing was recovered from him. He has also examined Purva Nand DW-1, the then Deputy Superintendent of Police, Sub Jail, Kullu, in his defence to depose that when the appellant was brought to judicial lock-up at Kullu, he was only having wearing apparels on his person and was not having 'Pattu' with him. He has also produced Daily Register to prove entry No. 252 dated 4.3.1996 in support of his deposition.