GURSHARAN SHARMA Vs. NCB

JUDGEMENT

(1.) THESE two appeals are being disposed of by a common judgment, as the appellants, in both the appeals, are aggrieved by the same judgment, i. e. judgment dated 18th January, 2007, of the trial court. Appellant Gursharan Sharma (in criminal Appeal No. 26 of 2007) has been convicted of offences, under Sections 18, 20 and 27 A of the Narcotic Drugs and psychotropic Substances Act and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/-, each, in respect, of offences under Section 20 and 27 A and rigorous imprisonment for two years and fine of Rs. 10,000/-, in respect of offence under Section 18 of the said Act. The other appellant Yuvraj Gurang (in Criminal appeal No. 53 of 2008) has been convicted of offences, under Sections 18 and 20 of the narcotic Drugs and Psychotropic substances Act and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/-, in respect of offence under Section 20 and rigorous imprisonment for two years and fine of Rs. 10,000/-, in respect of offence under Section 18 of the said Act. Both the appellants are aggrieved by the judgment and they have prayed for setting aside the said judgment and ordering their acquittal.

(2.) FACTS, as per prosecution evidence, are as follows. On 25th September, 2004, PW7 o. P. Sharma, working as Superintendent in the Narcotics Control Bureau at chandigarh, received secret information that appellant Yuvraj Gurang had kept Charas in his house at village Shogi and that if search was conducted huge quantity of Charas could be recovered. The aforesaid informa-tion was received by PW7 O. P. Sharma, when he was present at Kullu. He informed the Zonal Director of the Bureau at chandigarh to send a team of Officers of the bureau to Shogi. He further informed the said zonal Director that he himself was proceeding to Shogi direct from Kullu. He requested the Zonal Director to direct the team to join him at Shogi. Next morning, at 6 a. m. , pw7 O. P. Sharma reached Shogi. He was joined by P. K. Sharma and PW2 Balwinder kumar, both Intelligence Officers, and some other officials of the Bureau, who came from chandigarh. PW3 Mohan Singh and PW4 ashok Kumar were associated as independent witnesses. PW3 Mohan Singh is the owner of the building in which appellant yuvraj Gurang lived those days, in a rented room. In the course of search, two packets, one containing Charas and the other containing opium, were recovered. When questioned, appellant Yuvraj Gurang told pw2 Balwinder Kumar (Intelligence officer), the Investigating Officer, that appellant gursharan Sharma, at whose Dhaba he was employed as a cook, used to finance the business of Charas and opium carried out by him and that he was being paid commission at the rate of Rs. 2,000/- per kilogram of charas and opium, sold by him. That statement of appellant Yuvraj Gurang was reduced into writing. The same is Ex. PW1/h.

(3.) LEAVING the two packets of Charas and opium, recovered during the search of the house, with P. K. Sharma, Intelligence officer who came from Chandigarh, PW2 balwinder Kumar, the Investigatng Officer, accompanied by some other officials of the bureau and PW7 O. P. Sharma, superintendent, went to the Dhaba of appellant gursharan Sharma at Shogi. He was not found there. Search of Dhaba was conducted in the presence of one Ganga Ram, another employee of appellant Gursharan Sharma. 50 grams opium was recovered from be-neath the cot used as bed by said Ganga ram.