SHIV DASS Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26.6.2006 passed by the learned Presiding Officer, Fast Track Court, Mandi in Sessions Trial Nos. 14-2004, 77-2005, whereby the accused has been found guilty of having committed offences punishable under Sections 18 & 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( hereinafter referred to as the Act). The accused has been sentenced to undergo rigorous imprisonment for a period of 8 years and to pay fine of Rs. 80,000/- and in default of payment of fine to undergo further imprisonment for one year under Section 18 of the Act. The accused has further been sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1,00,000/- and in default of payment of fine to undergo further imprisonment for two years under Section 20 of the Act. The sentences have been ordered to run concurrently.

(2.) The prosecution story, in brief, is that on 29.3.2004, PW-10 Asish Sharma who was at that time SHO, Police Station, Sarkaghat along with PW-9 S.I. Anil Verma, PW-3 HHC Lalit Kumar, Constable Vinod Kumar, HHC Ghanshyam, Hoshiar Singh and Ramesh Kumar were on patrolling and traffic checking duty at village Nabahi. At about 4.30 p.m., PW-10 received secret information that the accused was in possession of contraband in his house at village Bhambla. He recorded this information in writing. He also felt that it was not possible to secure search warrant from the Court due to shortage of time and after recording the aforesaid reasons he conducted a raid on the house of the accused. Two independent witnesses PW-1 Rajinder Singh and one Jeet Ram were associated in the raid. Before proceeding to raid the house of the accused, PW-10 sent information in writing in terms of Section 42 of the Act to the SDPO, Sarkaghat which is Ext.PW-7/E. On search of the house of the accused, contraband was recovered. The same was kept in a tin box Ext.P-1 which was locked and lying in the bed room of the accused in the upper storey of the house. Since the key was not produced the lock was broken open. Inside this tin box there was one packet containing opium weighing 2 k.g. 100 grams and in another packet charas, which on weighment was found to be 3 k.g. 750 grams.

(3.) Two samples each weighing 25 grams were separated from the opium and similarly two samples were taken from the bulk charas. Each of these samples were packed separately and sealed with seal impression 'H' at four places. The remaining bulk charas and opium were packed in two separate parcels and sealed with seal impression 'H' at seven places. Sample seal impressions Ext.PW-9/A were separately drawn. All the aforesaid packets were taken into possession vide memo Ext.PW-1/B.