JORG JAGODA Vs. STATE OF H P

JUDGEMENT

(1.) APPELLANT is aggrieved by the judgment of trial Court, whereby he has been convicted of offence, punishable under Section 20 of the Narcotic drugs and Psychotropic Substances Act, 1985, and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000, in default of payment of fine to undergo rigorous imprisonment for a further period of six months. So, he has preferred the present appeal.

(2.) CASE of the prosecution is as follows. On 28. 10. 2005, a police party headed by pw4 SI Lal Singh, left Police Station, manali at 5. 30 a. m. , after making an entry in the Daily Diary, copy Ext. PW1/a, At naggar two more police officials, named pw1 Constable Chet Ram and HC Parkash chand joined the party. On 29. 10. 2005, the police party was divided into two. One party, comprising of PW4 SI Lal Singh, PW1 Constable Chet Ram and HC Parkash Chand left towards Chanderkheni, to detect crime relating to narcotic drugs and psychotropic substances. Around 4 p. m. , when this party reached a place called Rumsu, the appellant, who is a German National, was spotted. He was carrying a rucksack on his back. On seeing the police, he started behaving abnormally and tried to run away. He was over-powered. He was informed that it was suspected that he was carrying some narcotic drug and psychotropic substance and so, it was intended to search his person and that he had a right to be searched in the presence of some Magistrate or a Gazetted officer and if he so desired, search could be arranged in the presence of a Magistrate or a Gazetted Officer of one of the specified departments. Appellant allegedly opted for being searched by the police party on the spot. Thereafter his rucksack was searched and was found to contain 2. 200 kgs of charas. Two samples, each weighing 25 grams, were separated. Both the samples and the bulk charas were made into three separate parcels. All the parcels were sealed with a seal, which produced the impression of'letter 't' of English alphabet. Search and seizure memo was prepared, which was signed by PW1 Constable Chet Ram and I1c parkash Chand, besides PW4 SI Lal Singh, who headed the police party. No independent witness was associated. A written report was sent to the Police Station through constable Chet Ram for formal registration of the case. All the three sealed parcels, i. e. two parcels containing samples and one containing the bulk stuff were produced to PW7 sho Jagdish Chand, who resealed the parcels with his own seal that produced the impression of letter 'a' of English alphabet. The three parcels were then deposited with pw2 MHC Hari Singh. He sent one of the two sample parcels to Central Forensic Science Laboratory, Chandigarh through PW3 hhc Bir Singh, on 2. 11. 2005. In-charge of the aforesaid laboratory at Chandigarh returned the sample through letter dated 3. 11. 2005, Ex. DA through constable PW3 hhc Bir Singh, saying that already there were many samples lying with the said laboratory for analysis and that a laboratory in himachal Pradesh State at Kandaghat had become operational, as intimated vide letter dated 31. 10. 2005. The sample was then sent to CTL Kandaghat on 1. 12. 2005, vide rc Ex. PW3/a. The Chemical Examiner of ctl, Kandaghat, vide report Ex. PA gave the opinion that the sample contained the contents of charas.

(3.) APPELLANT was charged with an offence, punishable under Section 20 of the Narcotic drugs and Psychotropic Substances Act by the trial Court. He pleaded not guilty and was, therefore, put on trial. Prosecution examined PW4 SI Lal Singh and PW1 constable Chet Ram to prove the alleged recovery of charas from the appellant. It examined PW2 HC Hari Singh and PW3 HHC bir Singh to link the report Ext. PA of the chemical Examiner with the sample taken from the stuff allegedly recovered from the appellant.